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University  of  NortK  Carolina 

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Members  of  the  family  of  the  late 

COL.  A.  B.  ANDREWS 


32S.UU)52L^ 


^.%.Ul?7o 


00034018205 

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taken  from  the  Library 
building. 


A  RECORD 


OF  THE 


.^CTS    J^.l<riD    CHIj^I^TEI^, 


(OEIGINAL     AND    AMENDED,) 


OF  THE 


WESTERN    DIVISION 


OF  THE 


it^Uxn  Moxt^Muxolinu  ^uiltoub. 


WITH 


PROCEEDINGS  OF  MEETINGS,  BY-LAWS,  ETC. 


IsTCVEIiyCBEI?,,    1869. 


ASHEVILLE,  N.  C: 

3>DR,I3SrTEID   .A.T    THE    "  I'lOlTEEU, "    OB'B'ICE. 

1869. 


OH-A^I^TEI^ 


OF  THE 


-K>=i01<N>=- 


AN   ACT 

To   Incorporate   the    'Western   North-Carolina   Bailroad   Company. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  North- 
Carolina,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  for 
the  purpose  of  constructing  a  raih'oad  to  effect  a  communication  between 
the  North-CaroHna  raih-oad  and  the  valley  of  the  Mississippi,  the  forma- 
tion of  a  corporate  company,  is  hereby  authorized  under  the  name  and 
style  of  the  ^\  estern  North-Carolina  Railroad  Company,  and  when  formed 
in  compliance  with  the  conditions  hereinafter  prescribed,  shall  have  a 
corporate  existence  as  body  politic  for  the  term  of  ninety-nine  years. 

oEC.  2.  Be  it  further  enacted,  That  said  company  shall  have  power  to 
construct  a  railway  with  one  or  more  tracks  from  the  town  of  Salisbury, 
on  the  North-Carolina  railroad,  passing  by  or  as  near  as  practicable  to 
Statesville,  in  the  county  of  Iredell,  to  some  point  on  the  French  Broad 
river  beyond  the  Blue  Ridge,  and  if  the  legislature  shall  hereafter  deter- 
mine, to  such  point  as  it  shall  designate  at  a  future  session. 

Sec.  3.  Be  it  further  enacted.  That  for  the  purpose  of  creating  the 
capital  stock  of  said  company,  the  following  persons  be  and  they  are 
hereby  appointed  general  commissioners,  viz :  E.  J.  Erwin,  Wm.  M. 
Shipp,  JohnF.  Hoke,  Wm.  A.  Lenoir,  John  I.  Shaver,  Samuel  F.  BeU 
and  John  Wilfong,  and  books  for  receiving  subscriptions  for  the  capital 
stock  aforesaid,  shall  be  opened  at  the  following  places  and  under  the 
directions  of  the  following  persons,  to-wit :  at  Salisbury,  under  the  direc- 
tion of  J.  W.  Ellis,  D.  A.  Davis,  J.  H.  Jenkins,  Wm.  Murphy,  A. 
Henderson,  or  any  three  of  them :  at  Lincolnton,  L.  E.  Thompson,  C.  C. 
Henderson,  H.  W.  Guion,  Wm.  J.  Hoke  and  Hemy  Cansler,  or  any 
three  of  them ;  at  Newton,  M.  L.  McCorkle,  Geo.  Setzer,  Jonas  Bost, 
Dr.  Campbell  and  Geo.  Wilkie,  or  any  three  of  them  ;  at  Statesville,  R. 
F.  Simonton,  J.  F.  Alexander,  C.  A.  Carlton,  A.  M.  Jamison,  W.  ¥. 
Caldwell,  or  any  three  of  them ;  at  Taylorsville,  A.  C.  Mcintosh,  W.  G. 
James,  R.  Watts,  Alfred  Carson,  Devault  Little,  or  any  three  of  them ; 
at  Morganton,  J.  J.  Erwin,  R.  C.  Pearson,  C.  M.  Avery;  James  M. 
Smyth,  Thos.  G.  Walton,  or  any  three  of  them ;  at  Marion,  Saml.  Deal, 
J.  C.  Whitson,  J.  S.  Brown,  A.  Higgins,  Logan  Burgin,  or  any  three 
of  them ;  at  Rutherfordton,  Wm.  JMiller,  Robert  Twitty,  Edmund  Bryahi, 


4  WESTERN   NORTH-CAROLINA    RAILROAD. 

O.  Bartlett,  David  Miller,  or  anv  three  of  them ;  at  Shelby,  Wm.  T. 
Miller,  Doct.  Thomas  Williams,  Albert  Holmesby,  Wm.  Green,  A.  W. 
Benton,  or  any  three  of  them  ;  at  IMocksville,  B.  Bailey,  A.  M.  Booe, 
Thos.  M.  Young,  J,  F-  Martin,  E.  Gaither,  or  any  three  of  them ;  at 
Asheville,  N.  W.  Woodfin,  James  W.  Patton,  James  M.  Smith,  W.  W. 
McDowell,  Montraville  Patton,  or  any  three  of  them  ;  at  Hendersonville, 
John  Baxter,  V.  Riply,  D.  B.  Miller,  J.  H.  Allen,  M.  M.  Patton,  or  any 
three  of  them ;  at  Lenoir,  under  the  direction  of  C.  C.  Jones,  R.  B. 
Bogle,  E.  P.  Miller,  W.  W.  Lenoir  and  James  Hai-per,  or  any  three  of 
them  ;  at  Boon,  under  the  direction  of  Jonathan  Horton,  Jordan  Council, 
George  N.  Foulke,  John  Horton  and  E.  F.  Clewell,  or  any  three  of  them. 

Sec.  4.  Be  it  further  enacted^  That  all  persons  who  are  or  may  be 
hereafter  authorized  to  open  books  for  subscription  of  stock  by  the 
commissioners  herein  appointed  for  that  purpose,  shall  open  said  books 
at  any  time  after  the  ratification  of  this  act,  twenty  days'  previous  notice 
being  given  in  some  one  or  more  of  the  public  newspapers  in  this  State, 
and  that  said  books  when  opened,  shah  be  kept  open  for  the  space  of 
thirty  days  at  least,  and  as  long  thereafter  as  the  commissioners  first 
above  named  shall  direct ;  and  that  all  subscriptions  of  stock  shall  be  in 
shares  of  one  hundred  dollars,  the  subscribers  paying  at  the  time  of 
making  such  subscription,  the  amount  of  five  per  cent,  on  the  same,  to 
the  person  or  persons  authorized  to  receive  such  subscription,  and  in  case 
of  failure  to  pay  said  sum,  all  such  subscriptions  shall  be  void  if  the 
commissioners  choose  to  so  declare  it,  or  they  may  direct  it  to  be  recover- 
ed by  suit  or  otherwise,  and  upon  closing  the  books,  all  such  sums  as 
shall  have  been  thus  received  of  subscribers  on  the  first  cash  instalment, 
shall  be  paid  over  to  the  general  commissioners  herein  before  mention- 
tioned,  by  the  persons  receiving  them,  and  for  failure  thereof,  such 
person  or  persons,  shall  be  personally  liable  to  said  general  commissioners, 
before  the  organization  of  said  company,  and  to  the  company  itself,  after 
its  organization,  to  be  recovered  in  the  superior  court  of  law  within  this 
State,  in  the  county  wherein  such  delinquent  resides,  or  if  he  reside  in 
any  other  State,  then  in  any  court  in  such  State  having  competent 
jurisdiction ;_  that  the  said  general  commissioners  shall  have  power  to  call 
on  and  require  all  persons  empowered  to  receive  subscriptions  of  stock  at 
any  time,  and  from  time  to  time  as  a  majority  of  them  may  think  proper, 
to  make  a  return  of  the  stock  by  them  respectively  received,  and  to  make 
payment  of  all  sums  made  by  the  subscribers;  that  all  persons  receiving 
subscriptions  of  stock,  shall  pass  a  receipt  to  the  subscriber  or  subscribers, 
for  the  payment  of  the  first  instalment,  as  heretofore  required  to  be  paid, 
and  upon  their  settlement  with  said  general  commissioners  aforesaid,  it 
shall  be  the  duty  of  said  general  commissioners  in  like  manner,  to  pass 
their  receipt  for  all  sums  thus  received,  and  such  receipts  shall  be  taken 
and  held  to  be  good  and  sufficient  vouchers  for  the  persons  holding  the 
same. 

Sec.  5.  Be  it  further  enacted.  That  it  shall  be  the  duty  of  said  gen- 
eral commissioners,  to  direct  and  authorize  the  keeping  open  of  books 
for  the  subscription  of  stock  in  the  manner  above  described,  until  the 
surn  of  three  hundred  thousand  dollars  shall  have  been  subscribed  to  the 
capital  stock  of  said  company,  and  the  said  commissioners  or  a  majority 
of  them  shall  sign  and  seal  a  duplicate  declaration  to  that  eifect,  with  the 
names  of  the  subscribers  appended,  and  cause  one  of  the  said  duplicates 
to  be  deposited  in  the  office  of  the  secretary  of  State. 

Sec.  6.  Be  it  fnrfher  enacted,  That  whenever  the  sum  of  [$300,000] 
three  hundred  thousand  dollars  shall  be  subscribed  in  manner  aforesaid, 


"WESTERN   NORTH-CAROLINA   RAILROAD.  5 

the  subscribers,  their  executors,  administrators  and  assigns,  shall  be,  and 
they  are  hereby  declared  to  be  incorporated  into  a  company  by  the  name 
and"  style  of  "the  Western  North-Carolina  Railroad  Company,"  and  by 
that  name,  shall  be  capable  in  law  and  equity,  of  purchasing,  holding, 
leasing  and  conveying  estates,  real,  personal  and  mixed,  and,of  acquiring 
the  same  by  gift  or  devise,  so  far  as  shall  be  necessary  for  the  purposes 
embraced  within  the  scope,  object  and  intent  of  this  charter,  and  no 
further,  and  shall  have  perpetual  succession,  and  by  their  corporate  name, 
may  sue  and  be  sued,  plead  and  be  impleaded  in  any  court  of  law  and 
equity  in  the  State  of  North-Carolina,  ahd  may  have  and  use  a  common 
seal,  which  they  may  alter  and  renew  at  pleasure,  and  may  have  and  enjoy 
all  other  rights  and  immunities,  which  other  corporate  bodies  may,  and 
of  right  do  exercise,  and  may  make  all  such  by-laws,  rules  and  regulations 
as  are  necessary  for  the  government  of  the  corporation,  or  for  effecting 
the  object  for  which  it  is  created,  not  inconsistent  with  the  constitution 
and  laws  of  the  State  of  North-Carohna. 

Sec.  7.  Be  it  further  enacted,  That  as  soori  as  the  sum  of  ($300,000) 
three  hundred  thousand  dollars  shall  have  been  subscribed  in  the  manner 
aforesaid,  it  shall  be  the  duty  of  the  general  commissioners  appointed 
herein  to  appoint  a  time  for  the  stockholders  to  meet  at  Salisbury,  which 
they  shall  cause  to  be  previously  published  for  the  space  of  thirty  days  in 
one  or  more  newspapers,  as  they  may  deem  proper,  at  which  time  and 
place  the  said  stockholders,  in  person  or  by  proxy,  shall  proceed  to  elect 
four  directors  of  the  company,  and  to  enact  all  such  by-laws,  rules  and 
regulations  as  may  be  necessary  for  the  government  of  the  corporation 
and  the  transaction  of  its  business;  the  persons  elected  directors  at  this 
meeting  shall  serve  for  the  term  of  one  year,  and  at  this  meeting  the 
stockholders  shall  fix  on  the  place  or  places  where  the  subsequent  election 
of  directors  shall  be  made  ;  but  if  the  day  of  annual  election  should  pass 
without  any  election  of  directors,  the  corporation  shall  not  thereby  be 
dissolved,  but  it  shall  be  lawful  on  any  other  day  to  hold  and  make  such 
election,  in  such  manner  as  may  be  prescribed  by  the  rules  and  by-laws  of 
the  corporation. 

Sec.  8.  Be  it  further  enacted,  That  whenever  it  shall  appear  to  the 
board  of  internal  improvements  of  this  State  by  a  certificate  signed  and 
sealed  by  said  general  commissioners,  or  a  majority^  of  them,  that  the  sum 
of  three  hundred  thousand  dollars  has  been  subscribed  for  and  taken,  and 
the  five  per  cent,  paid  in  thereon,  the  said  board  of  internal  improvements 
shall  be  and  they  are  hereby  authorized  and  required  to  direct  the  treasurer 
of  the  State  to  subscribe  on  behalf  of  the  State  for  the  stock  in  said 
company  to  the  amount  of  six  hundred  thousand  dollars  in  the  capital 
stock  of  said  company.  _        .     _ 

Sec.  9.  Be  it  further  enacted,  That  upon  the  subscription  of  six  hun- 
dred thousand  dollars  as  hereinbefore  provided,  by  the  treasurer,  under 
direction  of  the  board  of  internal  improvement,  the  State  shall  appoint 
eight  directors  in  said  company,  who  shall  be  appointed  by  the  governor, 
by  and  with  the  advice  and  consent  of  the  council  of  State. 

Sec.  10.  Be  it  furtlier  enacted,  That  as  soon  as  the  company  shall  be 
organized  as  aforesaid,  the  board  of  directors  shall  proceed  to  locate  and 
have  constructed,  as  speedily  as  possible,  on  the  route  they  may  deem 
best,  a  railroad  with  one  or  more  tracks,  to  be  used  with  steam  power, 
which  may  thereafter  be  extended  in  the  manner  hereinafter  provided, 
[from]  the  town  of  Salisbury,  on  the  North  Carolina  railroad,  connecting 
with  the  same  and  of  the  same  guage,  and  proceeding  westward  to  the 
terminus  aforesaid,  and  as  soon  as  the  first  division  of  said  road  shall  have 


b  WESTERN   NORTH-CAROLINA    RAILROAD. 

been  completed,  it  shall  be  equipped  for  the  transportation  of  passengers 
and  freight,  and  all  necessaiy  warehouses,  water  stations  and  buildings 
shall  be  erected,  so  that  such  division  shall  be  put  in  full  operation  before 
the  State  shall  be  called  upon  to  subscribe  any  further  sum ;  and  two- 
thirds  of  the  nett  proceeds  of  such  part  so  completed  shall  be  paid  into 
the  treasury  semi-annually,  to  be  apj^lied  in  discharge  of  the  interest  on 
the  bonds  issued  by  the  State  for  said  road,  and  the  other  third  of  nett 
proceeds  shall  be  paid  to  the  individual  stockholders  in  proportion  to  the 
stock  of  each ;  and  whenever  such  division  shall  have  been  completed 
and  in  full  operation,  and  one-third  of  the  estimated  cost  of  the  second 
division  shall  have  been  subscribed  by  solvent  persons,  and  so  certified  as 
provided  in  section  eight  of  this  act,  the  State  shall  subscribe  the  remain- 
ing two-thirds  of  the  estimated  cost  of  such  division,  and  shall  pay  pro 
rata  with  individual  stockholders,  (such  payment  by  them  being  in  cash 
or  labor) ;  and  when  said  second  division  shall  have  been  completed  and 
in  full  operation,  the  nett  proceeds  shall  be  applied  as  hereinbefore 
p'rescribed :  when  the  said  first  and  second  divisions  shall  have  been 
completed  and  in  full  operation,  and  one-third  of  the  estimated  cost  for 
completing  the  remaining  division  shall  have  been  subscribed  by  solvent 
persons,  certified  as  aforesaid,  two-thirds  of  the  estimated  cost  thereof 
for  completing  the  said  road  to  its  western  terminus  shall  be  subscribed 
by  the  State  ;  and  when  the  same  shall  be  put  in  full  operation,  the  nett 
proceeds  shall  be  applied  as  aforsaid,  and  the  State  shall  pay  her  share  of 
the  subscription  pro  rata  as  aforesaid. 

Sec.  11.  Be  it  further  enacted,  That  the  manner  and  time  of  the  pay- 
ment of  the  subscription  on  the  part  of  the  State  shall  be  as  follows, 
namely  :  the  one-fourth  part  as  soon  as  the  private  stockholders  shall  pay, 
either  in  cash  or  labor,  the  one-fourth  part  of  their  subscription,  and  the 
payment  thereof  is  duly  certified  to  the  board  of  internal  improvements 
by  a  certificate  under  the  seal  of  said  company,  signed  by  their  treasurer 
and  countersigned  by  their  president,  and  the  balance  either  in  part  or  in 
whole  whenever  the  payment  of  a  pro  rata  amount,  either  in  cash  or 
labor,  shall  be  made  by  the  private  stockholders,  and  duly  certified  to  the 
board  of  internal  improvements  in  manner  and  form  aforenamed ;  Provi- 
ded, That  the  State  shall  not  be  called  upon  to  pay  an  amount,  at  any  one 
time,  of  less  than  fifty  thousand  dollars. 

Sec.  12.  Be  it  further  enacted,  That  the  afikirs  of  the  company  shall 
be  managed  and  directed  by  a  general  board  to  consist  of  twelve  directors 
to  be  elected  and  appointed  as  hereinafter  provided,  at  the  first  and  sub- 
sequent general  annual  meetings ;  Provided,  That  no  l^erson  shall  be 
eligible  as  president  or  director  of  said  company,  unless  he  be  a  resident 
citizen  of  this  State,  and  the  bona  fide  owner  of  at  least  five  shares  of 
stock  in  said  company. 

Sec.  13.  Be  it  further  enacted,  That  the  election  of  directors  shall  be 
by  ballot,  each  stockholder  having  as  many  votes  as  he  has  shares  in  the 
stock  of  said  company,  and  the  person  having  a  majority  of  all  the  votes 
polled  shall  be  considered  duly  elected :  Provided,  That  no  person  shall 
be  eUgible  to  serve  as  director  in  said  board,  who  is  not  a  holder  of  five 
shares  of  stock  in  said  company. 

Seq.  14.  Be  it  further  enacted.  That  the  president  of  the  company 
shall  be  elected  by  the  directors  from  among  their  own  number,  in  such 
manner  as  the  regulations  of  the  comi)any  shall  provide. 

Sec.  15.  Be  it  further  enacted,  That  at  the  first  general  meeting  of  the 
stockholders,  directed  to  be  called  under  the  seventh  section  of  this  act, 
a  majority  of  all  the  shares  subscribed  shall  be  represented  before  pro- 


n 


WESTERN  NORTH-CAEOLINA   RAILROAD. 

ceeding  to  business ;  and  if  a  suflBcient  number  do  not  appear  on  the  day- 
appointed,  those  who  do  attend  shall  have  power  to  adjourn  from  time  to 
time,  until  a  regular  meeting  shall  thus  be  formed ;  and  at  such  meeting 
the  stockholders  may  provide  by  a  by-law,  as  to  the  number  of  stockhold- 
ers and  amount  of  stock  to  be  held  by  them,  which  shall  constitute  a 
quorum  for  the  transaction  of  business  at  all  subsequent  regular  or  occa- 
sional meetings  of  stockholders. 

Sec.  16.  Be  it  further  enacted,  That  all  elections,  and  upon  all  votes 
taken  in  any  general  meeting  of  the  stockholders  upon  any  by-law,  or  any 
of  the  affairs  of  said  company,  each  share  of  stock  shall  be  entitled  to 
one  vote  ;_  and  that  any  stockholder  in  said  company  may  vote  by  proxy, 
and  proxies  may  be  verified  in  such  manner  as  the  stockholders  by  law 
may  prescribe. 

Sec.  17.  Be  it  further  enacted,  That  the  general  commissioners  shall 
make  their  return  of  the  shares  of  stock  subscribed  for  at  the  first  general 
meeting  of  stockholders,  and  pay  over  to  the  directors  elected  at  said 
meeting  or  their  authorized  agent,  all  sums  of  money  received  from  sub- 
scribers ;  and  for  failure  thereof,  shall  be  liable  to  said  company  to  be 
recovered  at  the  suit  of  said  company  in  any  of  the  superior  courts  of 
law  in  this  State,  within  the  county  where  such  delinquent  or  delinquents 
may  reside,  and  m  like  manner  from  said  delinquent  or  delinquents' 
executors  or  administrators  in  case  of  his  death. 

Sec.  18.  Be  it  further  enacted,  That  the  board  of  directors  may  fill 
all  vacancies  which  may  occur  in  it  during  the  period  for  which  they  have 
been  elected'  and  in  the  absence  of  the  president  may  appoint  one  pro 
terrmore  from  among  their  number. 

Sec.  19.  Be  it  further  enacted.  That  all  contracts  or  agreements  au- 
thenticated by  the  president  and  secretary  of  the  board  of  directors  shall 
be  binding  on  the  company  without  a  seal,  or  such  a  mode  of  authentica- 
tion may  be  used  as  the  company  by  their  by-laws  may  adopt. 

Sec.  20.  Be  it  further  enacted,  That  the  board  of  directors  may  call 
for  the  payment  of  the  sums  subscribed  as  stock  in  said  company,  in  such 
instalments  aa  the  interests  of  said  company  may  in  their  opinion  require  ; 
the  call  for  payment  shall  be  pubHshed  in  one  or  more  newspapers  pub- 
lished in  this  State  for  at  least  one  month  before  the  day  of  payment, 
and  on  failure  of  any  stockholder  to  pay  each  instalment  as  thus  required, 
the  directors  may  sell  at  public  auction,  on  a  previous  notice  of  ten  days, 
for  cash,  all  stock  subscribed  for  in  said  company  by  such  stockholder, 
and  convey  the  same  to  the  purchaser  at  said  sale  ;  and  if  the  said  sale  of 
stock  do  not  produce  sufficient  to  pay  off  the  incidental  expenses  of  said 
sale  and  the  entire  amount  due  to  said  company  for  such  subscription  of 
stock,  then,  and  in  that  case,  the  wliole  balance  shall  be  held  as  due  at 
once  to  said  company,  and  may  be  recovered  of  such  stockholder  or  his 
executors,  administrators  or  assigns,  at  the  suit  of  said  company,  either 
by  summary  motion  in  any  court  of  superior  jurisdiction  in  the  county 
where  the  dehnquent  resides,  on  a  previous  notice  of  ten  days  to  such 
delinquent  subscriber,  or  by  action  of  assumpsit  in  any  court  of  competent 
jurisdiction,  or  by  a  warrant  before  a  justice  of  the  peace,  when  the  sum 
does  not  exceed  one  hundred  dollars ;  and  in  case  of  the  assignment  of 
stock  before  the  whole  amount  has  been  paid  to  the  company,  then  for  all 
sums  due  on  such  stock,  both  the  original  subscribers  and  the  first  and  all 
subsequent  assignees,  shall  be  liable  to  the  company,  and  the  same  may 
be  recovered  as  above  described. 

Sec.  21.  Be  it  further  enacted.  That  the  debt  of  stockholders  due  to 
the  company  for  the  stock  therein,  either  as  original  proprietors  or  as 


8  WESTERN   NORTH-CAROLINA  RAILROAD. 

first  or  subsequent  assignees,  shall  be  considered  as  of  equal  dignity  witb 
judgments  in  the  distribution  of  assets  of  a  deceased  stockholder  by  his 
personal  representatives. 

Sec.  22.  Be  it  further  enacted,  That  said  company  shall  issue  certifi- 
cates of  stock  to  its  members,  and  said  stock  may  be  transfen-ed  in  such 
manner  and  form  as  may  be  directed  by  the  by-laws  of  the  company. 

Sec.  23.  Be  it  further  enacted,  That  said  company  may  at  any  time 
increase  its  capital  to  a  sum  sufficient  to  complete  said  road,  not  to  exceed 
[$6,000,000]  six  millions  of  dollars. 

Sec.  24.  Be  it  further  enacted,  That  the  board  of  directors  shall  once 
in  every  year  at  least,  make  a  full  report  of  the  state  of  the  company  and 
its  affairs,  tp  a  general  meeting  of  the  stockholders,  and  oftener  if  required 
by  law,  and  said  re])ort  shall  be  laid  before  the  board  of  internal  improve- 
ments, and  said  board  of  directors  shall  have  power  to  call  a  geueral 
meeting  of  the  stockholders  when  the  board  may  deem  it  expedient,  and 
the  company  may  provide  by  their  by-laws  for  occasional  meetings  being 
called,  and  prescribe  the  mode  thereof 

Sec.  25._  Be  it  further  enacted,  That  the  said  company  shall  have  the 
exclusive  right  of  conveyance,  transportation  of  persons,  goods,  merchan- 
dise and  produce,  over  the  said  railroad,  to  be  by  them  constructed,  at 
such  charges  as  may  be  fixed  on  by  the  board  of  directors. 

Sec.  26.  Be  it  further  enacted.  That  said  company  may,  when  they  see 
fit  form  [farm]  out  their  right  of  transportation  over  said  railroad,  subject 
to  the  rules  above  mentioned  ;  and  the  said  company  and  every  one  who 
may  have  received  from  the  right  of  transportation  of  goods,  wares  and 
merchandise,^  over  the  said  railroad,  shall  be  deemed  and  taken  to  be  a 
common  carrier,  as  respects  all  goods,  wares,  produce  and  merchandise, 
entrusted  to  them  for  transportation. 

Sec.  27.  Be  it  further  enacted,  That  the  said  company  may  purchase, 
have  and  hold  in  fee,  or  for  a  term  of  years,  any  lands,  tenements  and 
hereditaments,  which  may  be  necessary  for  the  said  road,  or  the  appui-- 
tenances  thereof,  or  for  the  erection  of  depositories,  store  houses,  houses 
for  the  officers,  servants,  or  agents  of  the  company,  or  for  work  shops,  or 
foundries  to  be  used  for  the  said  company,  or  for  procuring  stone  or  other 
materials,  necessary  for  said  company,  in  the  construction  or  repairs  of 
the  road,  or  for  effecting  transportation  thereon,  and  for  no  other  purpose. 

Sec.  28.  Be  it  further  enacted.  That  the  company  shall  have  the  right, 
when  necessary,  to  construct  the  said  road  across,  or  along  any  public 
road,  or  water  course  :  Provided,  the  said  company  shall  not  obstruct  any 
public  road  without  constructing  another  equally  as  good,  and  other  roads 
may  hereafter  connect  with  or  cross  the  same,  upon  such  terms  as  the 
General  Assembly  may  prescribe. 

Sec.  29.  Be  it  further  enacted.  That  when  any  lands  for  right  of  way 
may  be  required  by  said  company  for  the  purpose  of  constructing  their 
road,  or  for  any  of  the  uses  described  in  section  27  of  this  act,  and  for  the 
want  of  agreement  as  to  the  value  thereof,  or  from  any  other  cause,  the 
same  cannot  be  purchased  from  the  owner  or  owners,  the  said  company 
shall  have  the  same  powers  to  condemn  all  such  lands  l>elonging  to  indi- 
viduals or  corporations  as  may  be  needed  for  the  aforenamed  puiposes,  as 
were  granted  toand  conferred  upon  the  North-CaroHna  Railroad  Company 
by  their  act  of  incorporation,  and  shall  proceed  to  condemn  such  lands  in 
the  same  manner  and  to  the  same  extent  under  the  hke  rules,  restrictions 
and  conditions^  as  are  prescribed  in  the  charter  aforei^id,  for  the  govern- 
ment of  the  said  company ;  and  the  said  company  shall  be  entitled  to  hold 
in  fee  smiple  all  lands  belonging  to  the  State,  over  and  through  which  the  said 


WESTEEN   NORTH-CAEOLINA   RAILROAD.  9 

road  may  pass  to  an  extent  not  exceeding  one  hundred  feet  on  either  side 
of  said  road ;  and  in  the  absence  of  any  contract  or  contracts  in  relation 
to  lands  through  which  said  road  may  pass,  it  shall  be  presumed  that  the 
land  over  which  said  road  may  be  constructed,  together  with  one  hundred 
feet  on  each  side  thereof,  has  been  granted  by  the  owner  or  owners  to  the 
company,  and  the  said  company  shall  have  good  right  and  title  thereto, 
and  shall  have,  hold  and  enjoy  the  same  so  long  as  it  shall  be  used  for  the 
purposes  of  said  road  and  no  longer,  unless  the  owner  or  owners  shall 
apply  for  an  assessment  of  the  value  of  said  lands  as  hereintofore  direc- 
ted, within  two  years  next  after  that  part  of  said  road  has  been  located ; 
and  in  case  the  owner  or  owners  of  such  lands  or  those  claiming  under 
him,  her  or  them,  shall  not  apply  within  two  years  from  the  time  aforesaid, 
he,  she  or  they  shall  be  forever  barred  from  recovering  the  same  or  having 
ao  assessment  or  compensation  therefor :  Provided,  That  nothing  herein 
contained  shall  affect  the  rights  of  infants,  feme  coverts,  persons  non  com- 
pos, or  beyond  seas,  until  two  years  after  the  removal  of  their  respective 
disabilities,  and  the  same  and  all  the  estate  aforesaid,  shall  be  exempt 
from  taxation  until  the  dividends  of  profits  of  said  company  shall  exceed 
six  per  centum  per  annum. 

Sec.  30.  Be  it  further  enacted,  That  if  any  person  or  persons  shall 
intrude  upon  said  railroad  by  any  manner  of  use  thereof,  of  the  rights 
and  privileges  connected  therewith  without  permission  or  contrary  to  the 
will  of  said  company,  he,  she  or  they  may  be  indicted  for  misdemeanor, 
and  upon  conviction,  may  be  fined  and  imprisoned  by  any  court  of  com- 
petent jursidiction  in  this  State. 

Sec.  31.  Be  it  further  enacted,  That  if  any  person  shall  wilfully  and 
maliciously  destroy  or  in  any  manner  hurt  or  damage,  or  obstruct,  or  shall 
wilfully  and  maliciously  cause,  aid  or  assist,  or  counsel  any  other  person 
or_ persons  to  destroy,  or  in  any  manner  to  hurt,  damage  or  obstruct  the 
said  railroad,  or  any  bridge,  watertank,  warehouse,  or  any  other  property 
of  said  company,  or  any  locomotive  or  car  used  for  or  in  transportation 
thereon,  such  person  or  ]Dersona.  so  offending,  shall  be  Hable  to  be  indicted 
therefor,  and  on  conviction,  shall  be  imprisoned  not  more  than  six  nor 
less  than  one  month,  and  pay  a  fine  not  exceeding  five  hundred  dollars 
nor  less  than  twenty  dollars,  at  the  discretion  of  the  court  before  which 
said  conviction  shall  take  place,  and  shall  be  further  liable  to  pay  all  ex- 
penses of  repairing  the  same ;  and  it  shall  not  be  competent  for  any  person 
so  offending  against  the  provisions  of  this  clause  to  defend  himself  by 
pleading  or  giving  in  evidence,  that  he  was  the  owner,  agent  or  servant  of 
the  owner  of  the  land  where  such  destruction,  damage,  injury  or  obstruc- 
tion was  done  at  the  time  the  same  was  caused  to  be  done. 

Sec.  32.  Be  it  further  enacted.  That  every  obstruction  to  the  safe  and 
free  passage  of  vehicles  on  said  road  or  its  branches,  shall  be  deemed  a 
pubhc  nuisance,  and  may  be  abated  as  such,  by  any  oflBcer,  agent  or 
sei-yant  of  said  company,  and  the  person  causing  such  obstruction,  may 
be  indicted  and  punished  for  a  misdemeanor. 

^  Sec.  33.  Be  it  foirther  enacted.  That  the  said  company  shall  have  the 
right  to  take,  at  the  store  houses  erected  by  them  on  said  railroad,  or 
connected  therewith  or  its  branches,  goods,  wares,  merchandise  and  pro- 
duce intended  for  transportation,  prescribe  the  rules  of  priority,  and  charge 
and  receive  such  just  compensation  for  storage  as  they,  by  rules  may 
establish,  (which  they  shall  cause  to  be  pubhshed,)  or  as  may  be  fixed  by 
agreenient  with  the  owner,  which  may  be  distinct  from  the  rates  of  trans- 
portation. 

Sec.  34.  Be  it  further  enacted.  That  the  profits  of  the  company,  or  so 


10  WESTERN   NORTH-CAROLINA   RAILROAD. 

mucli  thereof  as  the  board  of  directors  may  deem  advisable,  shall,  when 
the  affairs  of  the  company  will  admit,  be  quarterly  or  semi-annually 
divided  among  the  stockholders,  in  proportion  to  the  stock  each  may  own. 

Sec.  35.  Be  it  farther  enacted..  That  as  soon  as  it  may  become  neces- 
sary to  borrow  the  money  for  the  payment  of  the  subscription  by  this 
act  authorized,  the  public  treasurer  shall  issue  coupon  bonds,  signed  by 
himself,  and  countersigned  by  the  comptroller,  in  sums  not  less  than  five 
hundred  dollars  each,  pledging  the  State  for  the  payment  of  the  sum 
therein  mentioned,  with  interest  thereon  at  the  rate  of  interest  not  ex- 
ceeding six  per  cent,  per  annum,  payable  semi-annually,  at  such  times 
and  places  as  the  treasurer  may  appoint,  the  principal  of  which  bonds, 
shall  be  redeemable  at  the  end  of  thirty  years  from  the  time  the  same  are 
issued ;  but  no  greater  [numberj  of  such  certificates  shall  be  issued  at 
any  one  time,  than  may  be  sufiicient  to  meet  the  instalments  required  to 
be  paid  by  the  State  at  that  time. 

Sec.  36.  Be  it  further  enacted,  That  the  comptroller  shall  register  such 
bonds  at  large,  in  a  book  to  be  kept  for  that  purpose,  at  the  time  he 
countersigns  the  sa_me,_and  when  he  delivers  the  same  to  the  public  treasurer, 
he  shall  charge  him  in  his  books  with  the  amount  thereof,  and  also  with 
all  sums,  if  any,  which  the  public  treasurer  may  obtain  by  way  of  premium 
on  the  sale  of  said  bonds,  an  account  of  which  the  public  treasurer  shall 
render  to  the  comptroller,  so  soon  as  negotiations,  from  time  to  time  for 
the  sale  of  said  bonds  are  closed. 

Sec.  2>~.  Be  it  further  enacted,  That  so  soon  as  it  shall  become  neces- 
sary to  issue  the  bonds  aforesaid,  the  public  treasurer  shall  advertise  in 
one  or  more  newspapers  as  he  may  think  best,  andinvite  sealed  proposals 
for  such  amount  of  the  aforesaid  subscription  as  may  be  wanted  at  any 
one  time,  and  it  shall  be  his  duty  to  accept  those  terms  which  may  be 
most  advantageous  to  the  State  :  Provided,  That  in  no  event  shall  any  of 
the  said  bonds  be  sold  for  less  than  their  par  value ;  and  any  premium 
which  may  be  obtained  on  the  sale  of  said  certificates,  shall  be  placed  in 
the  public  treasmy  and  used  as  other  public  funds,  and  kept  or  invested 
to  pay  the  interest  on  the  debt  hereby  autliorized. 

pEC.  38.  Be  it  further  enacted.  That  as  security  for  the  redemption  of 
said  bonds,  the  public  faith  of  the  State  of  North-Carolina  is  hereby 
pledged  to  the  holders  thereof;  and  in  addition  thereto,  all  the  stock  held 
by  the  State  in  ;the  Western  North-Carolina  Railroad  Company  hereby 
created,_  shall  be  and  the  same  is  hereby  pledged  for  that  purpose,  and 
any  dividends  of  profits  which  may  from  time  to  time  be  declared,  shall 
be  applied  to_ the  paj^ment  of  the  interest  accruing  on  said  bonds:  but 
until  such  dividends  of  profits  may  be  declared,  it  shall  be  the  duty  of 
the  treasurer,  and  he  is  hereby  authorized  and  directed  to  pay  all  such 
interest  as  the  same  may  accrue,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Sec.  39.  Be  it  further  enacted.  That  the  bonds  hereby  authorized  to  be 
issued,  shall  have  coupons  attached  to  them  expressing  on  the  face  of 
them  the  amount  of  semi-annual  interest  due  on  such  bond,  and  the  said 
bonds  shall  and  may  be  transferable  by  the  holders  thereof  by  delivery- 
only. 

Sec.  40.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the  public 
treasurer  to  enter  in  a  book  to  be  kept  for  that  purpose,  a  memorandum 
of  such  bonds  as  may  be  issued  by  virtue  of  this  act,  the  number  and  date 
of  issue,  when  and  where  payable,  to  whom  issued  or  to  whom  sold,  and 
what  premium,  if  any,  the  same  was  sold  by  him. 

Sec.  41.   Be  it  further  enacted,  That  at  all  general  meetings   of  the 


WESTERN   NORTH-CAROLINA    RAILROAD.  11 

stockliolders  after  the  subscription  hereinbefore  provided  to  be  made  on 
the  part  of  the  State,  shall  be  made,  the  State  shall  be  represented  by  an 
agent  or  proxy  ajipointed  by  the  governor ;  and  such  agent  or  proxy  shall 
be  entitled  in  the  general  meeting  aforesaid,  to  vote  on  all  questions 
a,ccording  to  the  State's  stock,  except  in  the  election  of  directors  by  the 
individual  stockholders;  and  any  stockholder  or  person  acting  by  proxy, 
who  may  oifer  to  vote  on  anj^  stock  transferred,  may  be  required  if  a 
stockholder  present  to  swear  that  he  is,  or  if  by  proxy,  that  the  person 
he  represents  he  believes  to  be  the  bona  fide  owner  of  such  stock,  other- 
wise such  vote  shall  not  be  received,  and  on  the  death  of  any  stockholder, 
his  legal  representative  shall  be  entitled  to  vote  either  in  person  or  by 

Erosy :  Provided,  That  the  State  shall  be  entitled  to  a  pro  rata  vote  on 
er  stock  of  one-third,  according  to  the  representation  of  individual  stock 
in  the  meeting. 

Sec.  42.  Be  it  further  enacted,  That  whenever  the  said  company  shall 
have  completed,  equipped  and  in  full  operation,  with  one  or  more  tracks, 
for  the  transportation  of  passengers  and  freight,  the  first  division  of  said 
road,  and  all  necessary  warehouses,  water  stations  and  buildings,  and  the 
aforenamed  subscription  of  nine  hundred  thousand  dollars  by  the  stock- 
holders and  the  State  expended,  the  board  of  directors  shall  at  once 
proceed  to  cause  books  to  be  opened  by  such  persons  as  they  may  appoint, 
and  at  such  places  as  they  may  deem  l3est,  to  secui-e  the  further  subscrip- 
tion of  three  hundred  thousand  dollars  to  the  capital  stock  of  said 
company,  which  may  be  made  under  such  rules,  requirements  and  condi- 
tions as  shall  be  prescribed  by  the  board  of  directors ;  and  the  persons  so 
appointed  shall  make  their  return  to  the  board  of  directors. 

Sec.  43.  Be  it  further  enacted,  That  whenever  it  shall  appear  to  the 
board  of  internal  improvements  of  this  State,  by  a  certificate  under  the 
seal  of  said  company,  signed  by  their  secretary,  and  countersigned  by 
their  president,  that  the  said  further  sum  of  three  hundred  thousand 
dollars  has  been  subscribed  to  the  capital  stock  of  said  company,  the  said 
board  of  internal  improvements  shall  be  and  they  are  hereby  authorized 
and  required  to  direct  the  treasurer  of  the  State  to  make  the  further 
subscription  on  behalf  of  the  State  for  stock  in  said  company,  to  the 
amount  of  six  h^mdred  thousand  dollars  in  the  capital  stdbk  of  said  com- 
pany. 

Sec.  44.  Be  it  further  enacted,  That  the  manner  and  time  of  payment 
of  the  further  subscription  on  the  part  of  the  State,  shall  be  the  same  as 
are  prescribed  in  section  twelve  of  this  act,  and  under  the  same  condi- 
tions, restriction  and  certification  as^therein  prescribed  for  the  paj^ment  of 
the  subscription  before  provided  to  be  made  on  the  aforenamed  first 
subscrijxtion  of  said  amount  on  behalf  of  the  State  to  the  capital  stock  in 
said  company. 

Sec.  45.  Be  it  further  enacted,  That  whenever  and  as  soon  as  the  said 
company  shall  have  completed,  equipped  and  in  full  operation,  with  one 
or  more  tracks  for  the  transportation  of  passengers  and  freight,  the  second 
division  of  said  railway,  the  board  of  directors  of  said  company  shall 
proceed  in  the  same  manner,  and  under  the  same  provisions,  regulations, 
restrictions  and  conditions  as  are  prescribed  in  sections  forty-two,  forty- 
three  and  forty-four  of  this  act,  to  effect  the  construction  of  each  and 
every  consecutive  division  of  said  railway,  throughout  the  line  located  as 
provided  in  section  ten  of  this  act,  and  the  same  provisions,  regulations, 
restrictions  and  conditions  expressed  in  said  sections  forty-two,  forty-three 
and  forty-four  of  this  act  as  aforesaid,  shall  be  in  full  force  when  applied 
for  the  construction  of  each  and  every  consecutive  division  of  said  railway, 


12  WESTERN   NORTH-CAROLINA   RAILROAD. 

throughout  said  line,  located  as  provided  in  section  ten  of  this  act: 
Provided^  liowecer.  That  should  the  first  subscription  provided  for  in  the 
seventh  section  of  this  act  to  be  taken  by  individuals,  on  the  first  division, 
be  four  hundred  thousand  dollars,  and  the  fFve  per  cent,  thereon  paid, 
and  the  certificate  thereof  made  as  in  said  seventh  section  mentioned, 
then  and  in  that  case  the  first  subscription  on  the  part  of  the  treasurer  of 
the  State,  for  the  first  division,  shall  be  eight  hundred  thousand  dollars. 

Sec.  46.  Be  it  furtlier  enacted,  That  the  following  ofl&cers,  servants  and 
persons  in  the  actual  employment  of  the  said  company,  be,  and  they  are 
hereby  exempted  from  the  performance  of  jury  and  ordinary  military 
duty :  The  president  and  treasurer  of  the  board  of  directors,  the  chief 
and  assistant  engineers,  the  secretaries  and  accountants  of  the  company, 
keepers  of  depositories,  guards  stationed  on  the  road  to  protect  it  from 
injury,  and_  such  persons  as  may  be  working  the  locomotive  engines,  and 
traveling  with  the  cars,  for  the  purpose  of  attending  to  the  transportation 
of  passengers,  produce  and  merchandise  on  the  road. 

Sec.  47.  Be  it  furtlier  enacted,  That  any  county  through  which  the 
said  road  passes,  may  subscribe  for  any  amount  of  the  capital  stock  in 
said  company,  as  a  majority  of  the  voters  of  said  county  may  approve, 
for  which  purpose  the  court  of  pleas  and  quarter  sessions  of  said  counties, 
arehereby  authorized  to  hold  an  election  at  the  usual  time  and  places  of 
voting  for  members  of  the  General  Assembly. 

Sec.  48.  Be  it  further  enacted,  That  it  shallfbe  the  duty  of  the  presi- 
dent and  directors  of  said  company,  during  the  first  week  in  December, 
of  each  and  every  year,  to  transmit  to_  the  Governor,  to  be  by  him  laid 
before  the  General  Assembly,  at  each  biennial  session,  a  correct  statement 
of  the  receipts  and  expenditures  of  said  company,  during  the  year  pre- 
ceding, and  also  the  amount  of  its  debts. 

Ratified  the  15th  day  of  February,  1855. 


/ 


AMENDMENTS  TO  THE  CHARTER 

OF  THE 


-=<«iOJ.:«^- 


AN   ACT 

To  amend  An  Act  entitled  "An  Act  to  Incorporate  the  Western 
North-Carolina  Railroad  Company." 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  North- 
Carolina,  and  it  is  hereby  enacted  by  the  anthority  of  the  same,  That  an 
act  entitled  "an  Act  to  incorporate  the  Western  North-Carohna  Railroad 
Company,"  passed  by  the  General  Assembly  at  the  session  of  1 854-' 55, 
(chapter  228,)  be  and  the  same  is  hereby  so  altered  and  amended  as  to 
authorize  and  empower  the  board  of  directors  of  said  company,  as  soon 
as  the  amendments  proposed  by  this  Act  shall  be  accepted  by  the  individ- 
ual stockholders  of  said  company,  to  open  books  for  subscription  of  stock, 
by  individuals,  to  the  capital  stock  of  said  company  to  the  amount  of  two 
or  three  hundred  thousand 'dollars,  or  to  a  sum  intermediate  between  two 
and  three  hundred  thousand  dollars,  as  said  board  of  directors  may  deter- 
mine ;  and  upon  said  subscription  being  made,  and  five  per  cent,  thereon 
being  paid  by  solvent  persons  or  counties,  a  subscription  of  double  the 
amount  so  subscribed  by  individuals  shall  be  made  on  behalf  of  the  State 
to  the  capital  stock  of  said  company,  in  the  manner  and  by  the  persons, 
and  upon  the  certificate  of  such  estimated  cost,  or  individual  subscription 
being  made  as  directed  by  the  charter  of  said  company,  and  the  payments 
of  the  instalments  due  from  the  State  in  said  subscription  shall  be  made 
in  the  manner  and  upon  the  terms  now  prescribed  in  said  charter. 

Sec.  2.  Be  it  further  enoscted,  That  the  stock  subscribed  under  and  by 
virtue  of  the  first  section  of  this  act  shall  be  added  to  the  stock  already 
subscribed  to  the  capital  stock  of  said  company,  and  the  aggregate  of 
stock  thus  made  shall  be  expended  in  constructing,  equipping  and  putting 
in  full  operation  the  first  section  or  division  of  said  road,  in  the  same 
manner  as  if  the  additional  subscription  now  authoiized  had  been  author- 
ized by  the  charter  of  said  company  when  originally  granted  ;  which  first 
section  or  division  shall  extend  to  the  town  of^  Morganton,  in  the  county 
of  Burke,  and  no  further.  That  said  board  of  directors  may  locate  said 
road  within  two  miles  of  the  town  of  Newton,  in  Catawba  county,  or  said 
board  may  locate  a  branch  of  said  road  extending  from  the  main  line  to 
slid  town,  said  branch  not  to  exceed  three  miles  in  length ;  Provided, 
nevertheless,  That  in  case  said  board  of  directors  shall  not  locate  said  line 


14  WESTERN   NORTH-CAEOLINA   RAILROAD. 

of  railroad  in  less  than  two  miles  of  the  town  of  Newton,  nor  construct 
said  branch  as  {foresaid,  then  the  subscribers  (living  in  said  town)  are 
hereby  released  from  the  subscriptions  by  them  made  to  the  capital  stock 
of  said  railroad ;  and  the  president  of  the  company  is  hereby  authorized 
to  execute  a  release  to  the  persons  herein  designated. 

Sec.  3-  Be  it  further  enacted,  That  the  board  of  directors  of  said 
company  be  and  they  are  hereby  authorized  and  empowered  to  open 
books  of  subscription  of  stock,  by  individuals  to  the  capital  stock  of  said 
company,  to  an  amount  sufficient  to  meet  one-third  of  the  cost  of  con- 
structing the  second  division  of  said  road,  which  second  section  or  division 
shall  extend  from  the  town  of  Morganton  to  some  point  not  more  than 
ten  miles  east  of  the  western  portal  of  the  Swannanoa  tunnel ;  which  books 
may  be  opened  and  subscriptions  received  at  such  times  and  places  as 
shall  be  deemed  most  expedient  by  the  said  board ;  Provided,  That 
nothing  herein  contained  shall  authorize  a  subscription  of  stock  on  behalf 
of  the  State  to  the  second  division  of  said  road,  till  the  first  division  to 
Morganton  shall  be  completed,  equipped,  and  in  full  operation,  as  provi- 
ded in  the  original  charter. 

Sec.  4.  Be  it  further  enacted,  That  before  any  proposition  for  subscrip- 
tion of  stock  by  counties  shall  be  submitted  to  the  people  for  their 
approval,  provided  in  the  charter,  the  county  court  of  the  county  propos- 
ing to  subscribe  (a  majority  of  the  acting  justices  of  the  peace  of  said 
county  being  present)  shall  determine  on  the  amount  of  stock  to  be 
subscribed  by  said  county,  and  the  manner  in  which  the  question  shall  be 
submitted  to  the  people,  the  time  when  the  vote  shall  be  Jiad  thereon, 
and  the  person  by  whom  the  subscription  on  behalf  of  said  county  shall  be 
made ;  and  said  court  shall  have  power  to  make  all  such  orders,  rules  and 
regulations  for  the  issue  and  sale  of  the  county  bonds  necessary  to  insure 
the  payment  of  the  stock  subscribed,  and  to  lay  such  tax  from  time  to 
time  as  may  be  necessary  to  pay  the  interest  on  said  bonds,  and  idtimately 
liquidate  the  principal  of  the  same. 

Sec.  5.  Be  it  further  enacted,  That  as  soon  as  the  foregoing  amend- 
ments shall  be  accepted  by  the  private  stockholders  of  said  company,  in 
a  general  meeting  held  by  them  to  consider  the  same,  all  such  clauses  in 
the  charter  of  said  company  (and  no  more)  as  are  in  conflict  with  this  act 
are  hereby  repealed  and  declared  null  and  void. 

Sec.  6.  Be  it  further  enacted.  That  if  the  said  company  shall  accept 
the  foregoing  amendments  to  their  charter,  said  acceptance  shall  be  certi- 
fied to  the  board  of  internal  improvements,  under  the  seal  of  the  company, 
signed  by  the  president,  and  countersigned  by  the  secretary. 

Sec.  7.  Be  it  further  enacted.  That  a  general  meeting  of  the  stock- 
holders of  said  company  may  be  held  to  consider  the  foregoing  amend- 
ments immediately  after  the  ratification  of  this  act,  and  the  same  shall  be 
in  force  from  and  after  its  acceptance  by  the  private  Stockholders  in 
general  meeting  assembled. 

Sec.  8.  Be  it  further  enacted.  That  it  shall  be  competent  for  the  present 
or  any  future  General  Assembly  of  this  State  to  authorize  any  other 
railroad  company,  or  other  company  formed  for  the  construction  of  any 
public  improvement  to  connect  with  the  railway  of  the  said  "Western  and 
North-Carolina  Railroad  Company  at  any  point  on  its  line;  and  that 
whenever  any  such  connection  shall  be  made,  the  Western  and  North- 
Carolina  Railroad  Company  shall  join  in  the  erection  of  any  warehous^e 
and  passenger  sheds  that  may  be  necessary  to  render  such  connection  as 
perfect  as  possible,  and  regularly  use  the  same  for  the  reception  and 


-e 


WESTERN   NORTH-CAROLINA   RAILROAD.  15 

delivery  of  all  passengers,  goods,  and  other  articles  whatever,  and  the 
said  railroad  company  shall  not  discriminate  by  its  charges  against  the 
company  or  companies  so  connecting  with  its  railway.     ' 
Ratified  the  2d  day  of  February,  1857. 

STATE  OF  NORTH-CAROLINA, 

Office  of  Secretary  of  State. 
I,  William  Hill,  Secretary  of  State,  in  and  for  the  State  of  North-Car- 
olina, do  hereby  certify  that  the  foregoing  is  a  true  copy  of  the  origmal 
on  file  in  this  office.     Given  under  my  hand  this  23rd  day  of  March,  1857. 

W.  HILL,  Secretary. 
Per  Rupus  H.  Page,  D.  Secry 


AN   ACT 

To  amend  An  Act  entitled  "An  Act  to  Incorporate  the  "Western  North- 
.  Carolina  Railroad  Company,"  passed  at  the  Session  of  1854-'55 ;   and 
also  An  Act  Amendatory  thereof,  passed  at  the  Session  of  1856-'57- 

Section  1.  Be  it  enacted  hy  the  General  AssemUy  of  the  State  of  North- 
Carolina,  and  it  is  herchy  cnacted^y  the  authority  of  the  same,  That  the 
said  acts  which  authorized  the  survey  for  and  the  construction  of  a  rail- 
road from  Salisbury,  west  across  the  Blue  Ridge,  to  a  point  to  be  selected 
under  future  legislation,  on  the  Tennessee  line,  and  to  locate  the  road 
accordingly  ;  and  whereas  the  survey  made  by  the  Western  North-Caroli- 
na Railroad  Company  has  only  been  finished  as  far  as_  the  French  Broad 
river,  near  Asheville,  leaving  the  remainder  of  the  line  of  the  road  to 
the  Tennessee  line  to  be  surveyed  and  located  as  provided  under  the 
second  section  of  the  act  of  1 854-' 55 ;  therefore.  Be  it  further  enacted, 
That  for  the  purpose  of  completing  the  provisions  of  the  charter  as 
provided  in  said  section,  so  as  to  enable  the  company  to  completethe 
survey  and  to  locate  their  road,  the  said  company  is  hereby  authorized 
and  required  to  make  a  survey  for  a  railroad  from  the  point  near  Asheville, 
to  which  the  survey  has  already  been  extended,  west  through  the  valleys 
of  the  Pigeon  and  Tuckaseegee  rivers  to  a  point  on  the  line  of  the  Blue 
Ridge  railroad,  on  the  Tennessee  river,  or  to  the  Tennessee  line,  at  or 
near  Ducktown,  in  the  county  of  Cherokee  ;  Provided,  That  if  the  com- 
pany should,  upon  examination  of  the  route  to  Ducktown,  determine 
that  the  route  is  impracticable,  they  shall  not  be  required  to  survey  it. 

Sec.  2.  Be  it  further  enacted,  That  as  soon  as  said  survey  is  completed 
as  herein  provided,  the  company  shall  have  the  right,  by  and  with  the 
consent  of  the  stockholders  east  of  the  Blue  Ridge,  to  locate  tlieir  road 
either  west,  to  connect  with  the  line  of  the  Blue  Ridge  Railroad,  on  such 
terms  as  the  Blue  Ridge  Company  and  the  Western  North-Carolina 
Railroad  Company  may  agree  on,  to  complete  the  connection  with  the 
steamboat  navigation  on  the  Tennessee,  and  railroad  connection,  with  the 
railroad^'already  constructed  and  in  progress  of  construction,  with  Knox- 
vill^,  on  the  Tennessee,  Louisville,  Cincinnati  and  Cairo,  on  theOhio,  on 
the  northwest ;  and  with  the  cities  of  Chattanooga  and  Memphis,  on  the 
west ;  and  with  the  city  of  New  Orleans,  on  the  southwest ;  or,  if  the 
company  prefer,  they  shall  have  the  right  to  locate  said  road  from  the 


16  WESTERN   NORTH-CAEOLINA   RAILROAD. 

point  designated,  near  Aslieville,  down  the  French  Broad,  and  to  connect 
with  any  company  that  has  been  formed  or  may  be  formed,  to  complete 
the  raih'oad  connection  with  the  East  Tennessee  and  Virginia  Railroad  : 
Provided,  That  the  survey  shall  be  paid  for  out  of  the  appropriation 
made  for  the  Western  North-Carolina  Railroad,  under  the  act  of  1854-'55 : 
And  provided  further,  That  the  location  to  be  made  shall  be  approved  by 
the  next  General  Assembly,  and  the  next  General  Assembly  be  furnished 
with  a  report  of  the  survey :  Provided  further,  That  the  said  company 
shall  have  the  right  to  make  a  survey  down  the  French  Broad  river, 
through  Madison  County,  to  the  line  of  the  State  of  Tennessee,  at  or 
near  Paint  Rock,  and  be  paid  for  out  of  the  appropriation  made  for  the 
Western  North-Carolina  Railroad,  at  the  Session  of  185-i-'55. 

Sec.   3.  Be  it  further  enacted,  That  all  acts  and  clauses  of  acts,  coming 
in  conflict  with  this  act,  be  and  the  same  are  hereby  repealed. 

Sec.  4.  Be  it  further  enacted,  That  this  act  shall  be  in  force  from  and 
after  its  ratification. 

Read  three  times  and  ratified  by  the  General  Assembly,  this  15th  day 
of  February,  1859. 

THOMAS  SETTLE,  Jr.,  S.  H.  C. 
HENRY  T.  CLARK,  S.  S. 

STATE  OF  NORTH  CAROLINA, 

Of^ce  of  Secretary  of  State. 
I,  Rufus  H.  Page,  Secretary  of  State,  in  and  for  the  State  of  North- 
Carolina,  do  hereby  certify,  that  th^  foregoing  is  a  true  copy  of  the 
original  on  file  in  this  ofl&ce.     Given  under  my  hand  this  18^h  day  of 
February,  1859. 

RUFUS  H.  PAGE, 

Secretary  of  State. 


AN   ACT 

To  Amend  the  Charter  of  the  Western  North-Carolina  Bailroad  Company. 

Section  1.  Be  it  enacted  hy  the  General  Assembly  of  the  State  of  North- 
Carolina,  and  it  is  hereby  enacted  by  the  authority  of  the  same.  That  the 
route  selected  by  said  com])any  for  the  location  of  their  road,  from  the 
east  bank  of  the  French  Broad  river  to  the  Tennessee  line,  at  or  near 
Ducktown  or  Gowone,  under  the  provisions  of  the  second  sections  of  the 
acts  of  1854r-'55  and  1858-'59,  be  and  the  same  are  hereby  approved. 

Sec.  2.  Be  it  further  enacted,  That  the  first  section  of  said  road  instead 
of  being  divided  into  two  sections  as  heretofore,  shall  be  extended  from 
Salisbury  to,  and  terminate  at  the  western  portal  of  the  Blue  Ridge 
tunnel,  west  of  the  Swannanoa  Gap,  instead  of  Morganton ;  but  the 
subscriptions  made  for  the  divisions  of  that  section  east  and  west  of 
Morganton,  shall  be  applied  to  the  construction  of  the  division  designated 
by  the  subscription. 

Sec.  3.  Be  it  farther  enacted.  That  the  company  as  provided  in  said 
act  shall  open  books  for  the  subscription  of  the  stock  for  the  second 
section  of  said  road,  to  extend  from  the  terminus  of  the  said  first  section 
to  a  point  to  be  selected  by  the  company,  on  French  Broad  river,  as  near 
as  may  be  consistent  with  the  interests  of  the  company,  to  the  village  of 


WESTERN    NORTH-CAROLINA   RAILROAD.  17 

Asheville  ;  and  as  soon  as  one-third  of  the  estimated  cost  of  that  section 
is  subscribed  by  solvent  individuals,  counties  and  corporations,  as  provided 
in  the  act  of  1854-'55,  the  company  shall  place  that  section  under  con- 
tract. 

Sec.  4.  Be  it  further  enacted,  That  as  soon  as  the  second  section  is  put 
tinder  contract,  it  shall  be  the  duty  of  said  company  to '  open  books  for 
the  subscription  of  stock  to  extend  the  third  section  of  said  road  from 
the  terminus  of  the  second  section  to  Waynesville,  in  the  county  of 
HajTvood,  or  to  a  point  west  of  the  head  of  Richland  Creek ;  and  as 
soon  as  one-third  of  the  estimated  cost  of  this  section,  terminating  at 
either  of  the  points  designated,  shall  have  been  subscribed,  it  shall  be 
the  duty  of  the  company  to  put  a  portion  or  all  of  the  said  section  under 
contract. 

Sec.  5.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  compa- 
ny, at  the  same  time  they  open  books  for  the  subscription  of  stock  for  the 
third  division,  also  to  open  books  for  the  subscription  of  stock  to  construct 
a  branch  of  said  road  down  French  Broad  river,  agreeably  to  a  survey 
recently  made  by  said  company,  terminating  at  the  Paint  Rock,  on  the 
Tennessee  line. 

Sec.  6.  Be  it  further  enacted,  That  the  remainder  of  the  appropriation 
made  for  said  road  under  the  act  of  1854-'55,  after  setting  apart  a  suffi- 
cient sum  to  pay  the  contractors  and  complete  the  road  to  the^  point  on 
French  Broad  river,  in  the  county  of  Buncombe,  shall  be  equally  divided 
between  the  third  division,  extending  to  Waynesville,  or  a  point  west  of 
the  head  of  Richland  Creek,  and  the  branch  down  French  Broad  river,  to 
the  Paint  Rock  ;  and  as  soon  as  one-half  of  that  sum  shall  have_  been 
subscribed,  as  provided  in  third  section,  for  either  the  third  division  or 
the  branch,  it  shall  be  the  duty  of  the  company  to  put  a  portion  or  all  of 
either  or  both  under  contract. 

Sec.  7.  Be  it  further  enacted,  That  the  payments  required  to  be  made 
on  the  part  of  the  State  under  this  act  and  the  act  of  1854,  in  one  year 
from  the  passage  of  this  act,  shall  not  exceed  seven  hundred  thousand 
dollars ;  this  limitation  on  the  expenditure  is  intended  as  a  substitute  for 
the  restrictions  under  the  act  of  1854-'55. 

Sec.  8.  Be  it  further  enacted,  That  all  laws  and  clauses  of  laws  coming 
in  conflict  with  this  act  be,  and  the  same  are  hereby  repealed,  and  that 
this  act  be  in  force  from  and  after  its  ratification. 

Read  three  times  and  ratified  in  G-eneral  Assembly  this  18th  day  of 
February,  A.  D.  1861. 

WM.  T.  DORTCH,  ,5'.  H.  C. 
HENRY  T.  CLARK,  S.  S. 

STATE  OF  NORTH  CAROLINA, 

Office  of  Secretary  of  State. 

I,  Rufus  H.  Page,  Secretary  of  State,  in  and  for  the  State  of  North 
Carolina,  do  hereby  certify  that  the  foregoing  is  a  true  copy  of  the  origi- 
nal on  file  in  this  office.  Griven  under  my  hand,  this  20th  day  of 
Februaiy,  1861. 

RUFUS  H.  PAGE, 

Secretai-y  of  State. 


18  WESTERN   NOETH-CAROLINA   RAILROAD. 

AN   ACT 

To  Amend  the  Charter  of  the  "Western  North  Carolina  Bailroad. 

Section  1.  Be  it  enacted  hy  the  General  Assembly  of  the  State  of  North 
Carolina,  and  it  is  hereby  enacted  hy  the  authority  of  the  same,  That  the 
President  and  Directors  of  the  Western  North  CaroHna  Railroad  shall 
have  power  to  construct  the  Road  from  the  mouth  of  Swannanoah  to  the 
Paint  Rock  the  Tennessee  guage,  and  when  the  Western  North  Carolina 
Railroad  is  completed  to  the  French  Broad  River,  the  President  and 
Directors  of  said  road  shall  have  the  right  to  change  said  guage  to  that  of 
the  North  Carolina  Railroad. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  be  in  force  from  and 
after  its  ratification. 

Ratified  the  4th  day  of  March,  A.  D.  1867. 


AN   ACT 

To  Amend  An  Act  entitled  "  An  Act  to  Incorporate  the  Greeneville  and 
French  Broad  Kailroad  Company,"  Ratified  the  Thirteenth  Day  of 
February,  A.D.  Eighteen  Hundred  and  Fifty-five- 

Section  1.  The  General  Assembly  of  North  Carolina  do  enact,  That 
the  ninth  section  of  an  act  entitled  ' '  An  Act  to  incorporate  the  Greene- 
ville and  French  Broad  Railroad  Company,"  passed  by  the  General 
Assembly  at  the  session  of  A.  D.,  1854  and  1855,  and  ratified  the  thirteenth 
day  of  February,  A.  D..  1855,  be,  and  the  same  is  hereby  repealed. 

Sec.  2.  That  the  said  act  of  incorporation  is  hereby  continued,  and  shall 
remain  in  full  force  and  efi"ect,  except  so  far  ^s  the  same  is  modified  and 
repealed  by  this  act. 

Sec.  3.  That  the  said  Greeneville  and  French  Broad  Railroad  Compa- 
ny may,  in  their  discretion,  make  the  northern  terminus  of  their  Road  at 
Asheville,  in  the  County  of  Buncombe. 

Sec.  4.  That  this  act  shall  be  in  force  from  and  after  its  ratification. 

Ratified  the  18th  day  of  August,  A.  D.  1868. 


AN    ACT 

To  Amend  the  Charter  of  the  "Western  North  Carolina  Eailroad  Company. 

Section  1.  The  General  Assembly  of  North  Carolina  do  enact,  That 
the  Western  North  Carolina  Railroad  shall  consist  of  two  separate  and 
distinct  Divisions :  one  called  the  Eastern  Division,  and  shall  embrace  the 
said  Road  from  Salisbury  to  French  Broad  River,  near  Asheville,  and 
the  other  called  the  Western  Division,  which  shall  embrace  the  said  Road 
from  the  French  Broad  River  to  Ducktown  and  Paint  Rock  on  the  Ten- 
nessee line. 

Sec.  2.  The  property,  appropriations  and  subscription  of  stocks  here- 


WESTERN   NORTH-CAROLINA    RAILROAD.  19 

tofore  made  by  the  State,  and  private  stockholders  for  the  Eastern 
Division  of  said  Road,  as  provided  in  section  one  of  this  act,  shall  be 
ixsed  only  for  the  purpose  of  the  completion  and  operation  of  said  Eastern 
Division  of  said  Road,  and  shall  be  managed,  controlled,  and  directed  by 
a  Board  of  Directors,  as  now  provided  by  law. 

Sec.  3.  The  Western  Division  of  said  Road,  as  provided  in  section  one 
of  this  act,  shall  be  managed,  constructed  and  controlled  by  a  Boai-d  of 
Directors,  separate  and  distinct  from  the  Board  of  Directors  of  the  East- 
ern Division,  which  Board  of  Directors  shall  consist  of  twelve,  eight  on 
the  part  of  the  State,  to  be  appointed  by  the  Governor,  and  four  on  the 
part  of  private  Stockholders,  to  be  elected  under  the  same  rules  and 
regulations  as  now  provided  by  law :  Provided,  that  the  Directors  on  the 
part  of  the  private  Stockholders  shall  be  elected  by  the  Stockholders  of 
their  Divisions  respectively. 

Sec.  4.  The  Board  of  Directors  of  each  Division  shall  have  the  selec- 
tion of  its  own  officers  and  agents,  a  distinct  Treasurer,  and  otherwise 
independent  of  the  other. 

Sec.  5.  For  the  purpose  of  securing  the  completion  of  the  Western 
Division,  the  capital  stock  of  the  Western  North  Carolina  Railroad  Com- 
pany is  hereby  increased  to  a  sum  sufficient  to  attain  that  object,  not  to 
exceed  twelve  millions  of  dollars,  and  the  Pubhc  Treasurer  is_  hereby 
authorized  and  required  to  make  subscriptions  from  time  to  time,  for 
two-thirds  of  the  stock,  and  make  payment  as  heretofore  provided  by  law. 

Sec.  6.  Upon  the  completion  of  the  two  Divisions  as  provided  for  in 
section  one  of  this  act,  the  whole  Road  and  property  may  be  consolidated 
on  such  terms  as  are  agreed  between  the  Stockholders  of  the  respective 
Divisions. 

_  Sec.  7.  The  provisions  of  the  above  act  to  be  in  full  force  and  opera- 
tion upon  condition  that  the  Western  Division  of  said  Road  shall  be  put 
under  contract  before  the  State  shall  be  called  upon  for  its  subscription  to 
said  Road. 

Sec.  8.  The  said  Western  Division  of  the  Western  _  North  Carolina 
Railroad  shall  be  completed  within  four  years  from  the  time  that  the  said 
Road  shall  be  put  under  contract. 

Ratified  the  19th  day  of  August,  A.D.,  1868. 


AN   ACT 

To  enhance  the  value  of  the  Bonds  to  be  issued  for  the  completion  of 
the  "Western  North-Carolina  Kailroad,  and  for  other  purposes. 

Whereas,  The  Legislature  of  North  Carolina,  at  its  session  of  1854-'55, 
passed  "An  Act,  entitled  an  Act  to  incorporate  the  Western  North  Caro- 
lina Railroad  Company,"  and  at  its  session  of  1860-'61,  an  Act,  entitled 
' '  An  Act  to  amend  the  charter  of  the  Western  North  Carolina  Railroad 
Company;"  and,  loliereas,  by  the  combined  force  of  said  Acts,  the  faith  of 
the  State  of  North  Carolina  was  pledged  for  the  pajrment  of  four  millions 
of  dollars  in  bonds  of  the  State,  a  portion  of  which  have  already  been 
issued ;  and,  lohereas,  it  is  manifestly  the  interest  of  the  people  of  the 
whole  State,  that  the  residue  of  the  bonds,  when  issued,  shall  command  a 
high  price  in  market :  Therefore, 


20  WESTERN    NORTH-CAROLINA    RAILROAD. 

Section  1.  Be  it  enacted  hy  the  General  Assemhhj  of  the  State  of  North 
Carolina.,  and  it  is  herehy  enacted  hy  the  anthority  of  the  same,  That  the 
Public  Treasurer  be,  and  he  is  hereby,  authorized  and  directed,  whenever 
it  shall  become  his  duty  under  the  provisions  of  said  acts,  passed  at  the 
sessions  of  1854-'55  and  1860-61,  to  issue  bonds  of  the  State  to  the 
amount  of  fifty  thousand  dollars,  or  more,  to  mortgage  an  equal  amount  of 
the  stock  which  the  State  now  holds  in  the  North  Carolina  Railroad  as 
collateral  security,  for  the  payment  of  said  bonds,  and  to  execute  and 
deliver,  wdth  each  several  bonds,  a  deed  of  mortgage  for  an  equal  amount 
of  stock  to  said  North  Carolina  Railroad,  said  mortgage  to  be  signed  by 
the  Treasurer  and  countersigned  by  the  Comptroller,  to  constitute  a  part  of 
said  bond,  and  to  be  transferable  in  like  manner  with  it,  as  provided  in  the 
charter  of  said  Western  North  Carolina  Railroad  Company ;  and,  further, 
that  such  mortgages  shall  have  all  the  force  and  effect,  in  law  and  equity, 
of  registered  mortgages  without  actual  registry.  _ 

Sec.  2.  Be  it  further  enacted,  That  the  President  and  Directors  of  said 
Western  North  Carolina  Railroad  Company  be,  and  they  are  hereby  au- 
thorized and  empowered,  to  issue  bonds  of  the  Company,  running  for  such 
term  of  years  as  they  may  deem  expedient,  and  bearing  interest  at  a  rate 
not  greater  than  eight  per  cent,  per  annum,  and  to  make,  execute  and 
deliver  a  deed  or  deeds  of  mortgage,  conveying  the  whole  or  a  portion  of 
the  right,  title  and  interest  of  the  Company,  in  any  or  all  the  estate,  both 
real  and  personal,  belonging  to  said  Company,  or  in  any  manner  pertaining 
to  the  same,  to  the  purchaser  or  purchasers  of  said  bonds  of  the  Company, 
and  conditioned  for  securing  the  payment  of  said  bonds  at  maturity  ;  and 
also  to  pledge  the  profits  of  said  Company,  or  so  much  thereof,  as  may  be 
necessary,  for  the  payment  of  the  interest  on  said  bonds  as  it  falls  due ; 
and  said  bonds  shall  be  issued  by  said  President  and  Directors,  whenever  it 
shall  appear  to  them  ne«essary,  for  the  completion  of  said  Road,  to  raise 
other  funds  in  addition  to  the  State's  subscription,  and  the  proceeds  arising 
from  the  sale  of  said  bonds  shall  be  applied  for  the  purpose  of  finishing 
the  Road  to  its  Western  termini. 

Sec.  3.  Be  it  further  enacted,  That  this  Act  shall  be  in  force  from  and 
after  its  ratification. 

Ratified  the  19th  day  of  December,  A.D.,  1866. 


AN   ACT 

To  enable  the  Western  North-Carolina  Railroad  Company  to  discharge 

its  debt. 

Section  1.  Beit  enacted  hy  the  General  Assemhly  of  the  State  of  North- 
Carolina,  Q,nd  it  is  herehy  enacted  hy  the  authority  of  the  same.  That  the 
President  and  Directors  of  the  Western  North-Carolina  Railroad  Com- 
pany be,  and  they  are  hereby,  authorized  to  issue  the  first  series  of  the 
mortgage  bonds  of  the  Company,  according  to  the  provisions  of  the  _  sec- 
ond section  of  an  Act  passed  by  the  present  General  Assembly,  entitled 
"An  Act  to  enhance  the  value  of  Bonds  to  be  issued  for  the  completion 
of  the  AVestern  North-Carolina  Railroad,"  ratified  the  19th  day  of  De- 
cember, A.D.,  1866,  to  an  amount  not  exceeding  fifty  thousand  dollars, 
in  order  to  discharge  the  present  indebtedness  of  the  Road. 


WESTEEN   NOETH-CAHOLINA    RAILEOAD.  l^i 

Sec.  2,  Be  it  further  enacted,  T\\^t  said  Bonds  shall  show  upon  their 
face  what  amount  of  the  same  will  be  ultimately  issued  for  evefiy  mile  of 
said  Road  completed,  and  tliat  the  amount  to  be  so  issued  shall  be  fixed 
by  the  President  and  Directors  of  said  lload. 

'  Sec.  3.  Be  it  further  enacted,  That  this  Act  shall  be  in  force  from  and 
after  its  ratification. 

Ratified  the  20th  day  of  February,  A.D.,  1807. 


AN   ACT 

To  authorize  the  President  and  Directors  of  the  Western  Worth-Carolina 
Bailroad  Company  to  put  said  Eoad  under  Contract. 

Whereas,  The  charter  of  the  Western  North-Carolina  Railroad  Com- 
l^any  requires  the  Road  to  be  built  by  sections,  putting  the  light  work 
under  contract  at  the  same  time  with  tlie  heavy  work,  greatly  to  the  in- 
jury of  the  State  and  Company ;  Therefore, 

Section  1.  Be  it  enacted  by  the  Gena-al  Assembly  of  the  State  of  North- 
Carolina,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  the 
President  and  Directors  of  the  Western  North-Carolina  Railroad  Com- 
pany are  herebj^  authorized  an4  empowered  to  put  under  contract,  at  any 
time  they  may  deem  advisable,  any  portion  of  said  Road  to  its  Western 
terminus,  (Duck  Town  Copper  Mines,)  embracing  its  branch  down  the 
French  Broad  River  to  Paint  Rock.  Whenever  one-tliird  the  estimated 
cost  of  said  portions  or  sections,  (such  portions  or  sections  to  embrace  at 
least  fifty  thousand  dollars'  worth  of  work  at  the  estimated  cost,)  have 
been  subscribed  by  solvent  individuals,  counties,  corporations,  or  con- 
tractors, the  Treasurer  of  the  State  is  hereby  authorized  and  directed  to 
issue  bonds  of  the  State  for  the  remaining  two-thirds,  as  provided  by  an 
act  passed  at  the  present  session  of  the  General  Assembly,  (entitled  an 
Act  "to  enhance  the  value  of  the  bonds  to  be  issued  for  the  Western 
North-Carolina  Railroad,  and  for  other  purposes,")  upon  the  certificate 
of  the  President  of  said  Road  to  the  Board  of  Internal  Improvements, 
that  the  stock  has  been  subscribed  as  above  required  ;  and  from  time  to 
time,  as  the  stock  is  thus  subscribed  and  certified  to  by  the  President  of 
the  Company,  the  Treasurer  of  the  State  is  authorized  and  directed  to 
issue  said  Bonds  until  the  Road  is  completed. 

Sec.  2.  Be  it  further  enacted.  That  the  President  and  Directors  of  the 
said  Western  North-Carolina  Railroad  Company  be,  and  they  are  hereby, 
authorized  and  empowered  to  issue  bonds  of  the  Company,  (as  provided 
by  the  second  section  of  the  above-recited  Act,  passed  at  the  present  ses- 
sion of  the  General  Assembly,  and  ratified  on  the  19th  day  of  December, 
A.D.,  18GG,)  at  any  time,  and  sell  the  same  and  apply  the  proceeds  aris- 
ing from  the  sale  of  said  Bonds  to  the  Main  Trunk  Road  from  the  French 
Broad  River,  West,  and  the  Branch  down  the  French  Broad  River, 
equally  in  proportion  to  the  length  of  each,  and  from  time  to  time,  as  fast 
as  any  portion  of  said  Road  and  Branch  is  completed,  to  issue  said  Bonds 
and  sell  and  apply  to  said  Road  until  it  is  finished  to  its  Western  termi- 
nus, (at  or  near  Ducktown  Copper  Klines.) 

Sec.  3.  Be  it  further  enacted,  That  the  Western  North-Carolina  Rail- 
road Company  are  fully  authorized  and  empowered  to  receive,  in  pay- 


22  WESTERN   NORTH-CAROLINA   RAILROAD. 

rtient  of  subscription  from  individuals,  corporations,  companies,  or  coun- 
ties, lands  at  such  valuation  as  may  be  agreed  upon  at  the  time  of  sub- 
scribing, by  the  Company  or  its  authorized  agents  on  the  one  part,  and 
such  individuals,  corporations,  companies  or  counties  as  may  subscribe  to 
said  Railroad,  with  the  understanding  that  payment  is  to  be  made  in 
this  way :  Provided^  That  the  stock  subscribed  in  lands  under  this  sec- 
tion, shall  be  fixed  at  a  cash  valuation  in  gold  at  the  time  of  subscribing, 
and  said  lands  to  be  held  by  the  Company  for  sale  at  any  time,  or  to  be 
mortgaged  by  the  Company  to  raise  the  amount  subscribed  on  the  part 
of  individuals,  companies,  counties,  or  corporations :  And  provided^  fur- 
ther^ Th&t  the  State  and  Company  are  to  have  the  benefits  arising  from 
the  increased  value  of  the  lands  so  subscribed :  Provided,  further,  That 
the  State  Treasurer  .shall  not  be  called  upon  for  the  State  subscription 
when  the  individual  subscription  is  made  in  land,  until  the  Directors  shall 
have  realized  the  estimated  value  in  money. 

Sec.  4.  Be  it  further  enacted,  That  there  shall  be  no  discrimination, 
by  the  authority  of  said  Western  North-Carolina  Railroad  Company, 
either  in  the  rates  of  freight  or  travel,  or  in  the  running  of  trains,  against 
the  Wilmington,  Charlotte  and  Rutherford  Railroad  Company,  from  the 
point  of  connection  between  said  Roads,  wherever  they  may  be.  West- 
ward. 

Sec.  5.  Be  it  further  enacted,  That  this  Act  shall  be  in  force  from  and 
after  its  ratification. 

Ratified  the  27th  day  of  February,  A.D.,  1867. 


AN    ACT 

To  enable  the  Buncombe  Turnpike  Company  to  "subscribe  the  Stock  in 
their  Road  to  the  "Western  North-Carolina  Eailroad. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of  North- 
Carolina,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  if  the 
Western  North-Carolina  Railroad  Company  determine  to  build  their 
Road  on  East  banks  of  French  Broad  River,  then  the  President  and  Di- 
rectors of  the  Buncombe  Turnpike  Road  shall  have  the  right  to  subscribe 
the  whole  or  any  portion  of  their  Road  to  the  Western  North -Carohna 
Railroad,  upon  such  terms  as  may  be  agreed  upon  by  the  President  and 
Directors  of  the  Buncombe  Turnpike  Road  and  the  President  and  Di- 
rectors of  the  Western  North-Carolina  Railroad. 

Sec._  2.  Be  it  further  enacted.  That  if  only  a  portion  of  the  Buncombe 
Turnpike  Road  be  taken  by  the  Western  North-Carolina  Railroad,  then 
the  Buncombe  Company  shall  have  the  right  to  collect  tolls  on  that  por- 
tion of  their  Road  not  used  by  the  Western  North-Carolina  Road,  collect- 
ing one-half  of  the  tolls  now  allowed  by  law. 

Sec.  3.  Be  it  further  enacted.  That  the  Buncombe  Turnpike  Company, 
if  they  desire  to  do  so,  shall  have  the  right  to  surrender  their  charter, 
if  the  Western  North-Carolina  Railroad  determine  to  take  only  that  por- 
tion of  the  Buncombe  Turnpike  Road  North  of  Asheville  to  the  Tennes- 
see Hne. 

Sec.  4.  Be  it  further  enacted.  That  this  Act  shall  be  in  force  from  and 
after  its  ratification. 

Ratified  the  4th  day  of  March,  A.D.,  1867. 


WESTERN   NORTH-CAROLINA   RAILROAD.  23 


AN   ACT 

To  re-enact  and  confirm  certain  Acts  of  the  General  Assembly  author- 
izing the  issue  of  State  Bonds  to  and  for  certain  Bailroad  Companies. 

"Whereas,  Doubts  have  been  raised  as  to  the  validity  of  bonds  of  the 
State  issued  to  and  for  certain  Raih'oad  Companies  under  acts  whose 
titles  are  hereinafter  recited  ;  and  whereas,  it  is  the  purpose  of  this  Gen- 
eral Assembly  to  place  the  validity  of  such  bonds  beyond  question ;  now, 
therefore, 

Section  1.  The  General  Assemhly  of  North- Carolina  do  enact,  That  an 
act  entitled  "An  act  to  amend  the  charter  of  the  Williamston  and  Tar- 
boro'  Railroad  Company,"  ratified  the  seventeenth  day  of  August,  Anno 
Domini,  eighteen  hundred  and  sixty-eight,  and  an  act  entitled  "An  act  to 
amend  the  charter  of  the  Western  North-Carolina  Railroad  Company," 
ratified  the  nineteenth  day  of  August,  Anno  Domini,  eighteen  hundred 
and  sixtj'-eight,  and  all  the  provisions  thereof  be  and  the  same  are  hereby 
re-enacted  and  in  all  things  confirmed,  and  they  are  hereby  constituted 
part  of  this  act ;  and  all  bonds  of  the  State  heretofore  made  and  issued  to 
and  for  the  railroad  companies  and  for  the  purposes  in  said  act  specified, 
and  in  pursuance  of  the  same,  are  hereby  ratified  and  made  good  to  all 
intents  and  purposes  as  if  issued  under  and  in  pursuance  of  the  provisions 
of  this  act. 

Sec  2.  That  on  the  surrender  of  any  of  the  bonds  heretofore  issued 
under  and  by  virtue  of  any  one  of  said  acts,  the  Treasurer  is  hereby  au- 
thorized and  required  to  issue  and  substitute  new  bonds  of  the  State,  of  like 
tenor  and  date,  executed  in  like  manner  and  in  all  respects  similar,  for  such 
bonds  so  surrendered,  except  that  such  new  and  substituted  bonds  shall  be 
issued  and  purport  to  be  issued  under  and  by  virtue  of  this  act,  and  the 
bonds  so  surrendered  shall  be  burnt  by  the  Treasurer  in  the  presence  of 
the  Governor  and  Auditor,  who  Shall  cause  to  be  made  and  sign  a  certifi- 
cate specifying  the  number  and  dates  of  such  bonds  so  burnt  and  the  acts 
under  which  the  same  were  issued,  and  the  Treasurer  shall  report  such, 
action  and  certificate  to  the  General  Assembly. 

Sec.  3.  In  order  to  provide  for  the  payment  of  the  interest  that  may, 
from  time  to  time,  accrue  upon  such  bonds  so  issued  under  said  acts  and 
the  bonds  to  be  issued  and  so  substituted  under  this  act,  there  shall  be 
annually  levied  and  collected  a  special  tax  of  one-thirtieth  of  one  per 
cent,  on  the  taxable  property  of  the  State  to  pay  the  interest  that  has 
accrued  and  may,  from  time  to  time,  accrue  on  the  bonds  so  issued  and  so 
to  be  issued  to  and  for  the  said  the  Williamston  and  Tarboro'  Railroad 
Company,  and  a  like  special  tax  shall  be  annually  levied  and  collected  of 
one-twentieth  of  one  per  cent,  on  all  taxable  property  of  the  State  to  pay 
the  interest  that  has  accrued  and  may,  from  time  to  time,  accrue  on  the 
bonds  so  issued  and  so  to  be  issued  to  and  for  and  on  account  of  the  said 
the  Western  North-Carolina  Railroad  Company. 

Sec.  4.  The  Public  Treasurer  is  hereby  directed,  whenever  the  President 
of  the  Chatham  Railroad  Company  shall  certify  that  the  grading  of  the 
Road  between  Cheraw,  in  South  Carolina,  and  the  Gulf  or  some  other 
point  on  the  Chatham  Railroad  between  Raleigh  and  the  Gulf  has  been 
let  to  contract,  to  subscribe  to  the  capital  stock  of  said  Company  two 
million  dollars  in  behalf  of  the  State,  which  subscription  shall  be  paid  by 
delivering  to  the  President  of  said  Company  coupon  bonds  of  the  State  at 
par  of  the  denomination  of  one  thousand  dollars,  dated  October  first, 


24  WESTERN   NORTH-CAROLINA   RAILROAD. 

eighteen  hundred  and  sixtj^-eiglit,  and  payable  in  thirty  years  thereafter, 
bearing  six  per  cent,  interest,  payable  semi-annually,  principal  and  interest 
payable  in  the  City  of  New  York,  said  bonds  to  be  signed  by  the  Grovernor, 
countersigned  by  the  Treasurer  and  sealed  with  ' '  The  great  seal  of  the  ' 
State, ' '  and  issued  under  the  provisions  of  chapter  ninety.  Revised  Code  : 
Provided,  That  said  bonds  shall  only  be  issued  on  the  surrender  of  a  like 
amount  of  bonds  of  the  State  heretofore  issued  under  an  act  to  amend  the 
charter  of  the  Chatham  Railroad  Company,  ratified  the  fifteenth  day  of 
August,  eighteen  hundred  and  sixty-eight.  On  which  surrender  the  same 
amount  of  bonds  delivered  by  said  Company  to  the  State  under  the  said 
act  shall  be  cancelled.  Said  subscription  shall  be  preferred  stock  and  pay 
a  dividend  of  six  per  cent,  before  any  dividend  shall  be  declared  on  the 
other  stock. 

Sec.  5.  In  order  to  provide  for  the  payment  of  the  interest  which  may 
accrue  on  the  bonds  issued  as  above  mentioned,  there  is  hereby  and  shall 
be  annually  levied  and  collected  a  special  tax  of  one-twentieth  of  one  per 
cent,  on  the  taxable  property  of  the  State,  collectable  and  payable  into  the 
Treasury  as  other  public  taxes. 

Sec.  6.  In  all  meetings  of  stockholders  of  said  Company  the  State  shall, 
for  and  in  behalf  of  its  stock,  be  entitled  to  a  vote  j  equal  to  one-third  of 
that  cast  by  individual  stockholders,  and  all  the  officers  of  said  Company 
shall  be  elected  by  the  stockholders  as  heretofore. 

Sec.  7.  The  capital  stock  of  said  Chatham  Railroad  Company  is  hereby 
increased  to  three  milhon  two  hundred  thousand  dollars. 

Sec.  8.  This  act  shall  be  in  force  from  its  ratification. 

Ratified  the  18th  day  of  December,  A.D.,  1868. 


AN   ACT 

Amendatory  of  the  Act  Incorporating  the  Western  North  Carolina  Eail- 
road  Company,  ratified  the  fifteenth  day  of  February,  one  thousand 
eight  hundred  and  fifty-five,  and  of  all  other  acts  amendatory 
thereof. 

Section  1.  The  General  Assembly  of  North- Carolina  do  enact,  That 
the  act  incorporating  the  Western  North- Carolina  Railroad  Company, 
ratified  on  the  fifteenth  day  of  February,  one  thousand  eight  hundred  and 
fifty-five,  and  all  other  acts  amendatory  thereof,  be  amended  as  follows, 
to-wit:  The  capital  stock  of  the  Western  North-Carolina  Railroad  Compa- 
ny, for  the  Western  Division  of  said  Road,  shall  be  ten  millions  of  dollars, 
and  the  capital  stock  of  the  Eastern  Division  shall  be  increased  to  six  and 
one-half  millions  of  dollars,  and  the  State  shall  subscribe  for  the  stock  of 
said  Company,  as  now  provided  by  law,  until  the  Road  shall  be  completed : 
Provided,  nevertheless.  That,  of  the  appropriation  made  for  the  Eastern 
Division  of  said  Road,  a  sum  of  not  exceeding  eighty  thousand  dollars, 
shall  be  expended  in  the  construction  of  a  branch  Road,  leading  from  a 
point  at  or  near  Catawba  Station,  in  Catawba  County,  to  the  Lime  Beds, 
in  said  County,  said  branch  not  to  exceed  five  miles  in  length. 

Sec.  2.  That  the  Board  of  Directors  of  the  Western  Division  of  said 
Road,  at  any  time,  by  order  of  the  stockholders  of  said  Division,  shall 
have  power  to  borrow  money  from  time  to  time,  not  exceeding  in  amount 


WESTEEN   NORTH-CAROLINA    RAILROAD.  25 

the  sum  of  two  millions  of  dollars,  and  to  secure  the  payment  of  the  same 
■by  bonds  of  the  Western  North-Carolina  Kailroad  Company,  signed  by 
the  President  and  countersigned  by  the  Treasurer  of  the  Western  Division 
of  said  Koad,  bearing  interest  at  a  rate  not  greater  than  eight  per  cent, 
per  annum,  payable  at  such  place,  and  maturing  at  such  time,  not  exceed- 
ing thirty  years,  as  may  be  designated,  and  to  secure  the  payment  of  such 
bonds,  and  enhance  the  value  of  the  same,  the  said  Board  of  Directors 
may  mortgage  from  time  to  time,  all  the  property  of  said  Company,  in- 
cluding thefranchise  and  road  bed,  belonging  or  appertaining  to  the  said 
Western  Division,  and  no  more,  and  it  shall  be  sufficient  to  register  such 
mortgage  deeds  in  the  County  of  Buncombe,  according  to  law,  to  make 
the  same  effectual,  as  if  the  same  were  registered  in  every  County  in  which 
the  property  of  said  Company,  so  conveyed,  is  situated. 

Sec.  3.  When  the  capital  stock  is  paid  for  with  land,  the  price  allowed 
for  such  land  shall  be  fixed  at  the  value  of  the  same  in  gold,  before  the 
Treasurer  shall  subscribe  for  stock  on  the  part  of  the  State,  on  account  of 
such  stock  And  the  President  of  said  Western  Division  shall  certify  the 
solvency  of  all  subscriptions,  whether  payable  in  land  or  not,  as  provided 
by  law. 

Sec.  4.  That  an  act  entitled  "An  act  to  amend  the  charter  of  the 
Western  North-Carolina  Eailroad  Company,"  ratified  ^the  nineteenth  day 
of  August,  one  thousand  eight  hundred  and  sixty-eight,  and  all  the  pro- 
visions thereof  be,  and  the  same  is  hereby  le-enacted,  and  in  all  things 
confirmed  :  and  the  said  act  is  hereby  constituted  a  part  of  this  act ;  and 
all  the  bonds  of  the  State,  heretofore  made  and  issued  to  and  for  and  on 
account  of  said  Eailroad  Company,  and  for  the  purposes  therein  specified, 
are  hereby  ratified  and  made  good,  to  all  intents  and  purposes,  as  if  issued 
under  and  in  pursuance  of  the  provisions  of  this  act. 

Sec.  5.  That  on  the  surrender  of  the  bonds  heretofore  issued  under  and 
by  virtue  of  the  provisions  of  the  said  act,  the  Treasurer  is  hereby  author- 
ized and  required  to  issue  and  substitute  new  bonds  of  the  State,  of  like 
tenor  and  date,  executed  in  hke  manner,  and  in  all  respects  similar,  for 
such  bonds  so  surrendered  :  except  that  such  new  and  substituted  bonds 
shall  be  issued  and  purport  to  be  issued,  under  and  by  virtue  of  this  act, 
and  the  bonds  so  surrendered  shall  be  burnt  by  the  Treasurer  in  the  pres- 
ence of  the  Governor  and  Auditor,  who  shall  cause  to  be  made  and  signed 
a  certificate  specifying  the  numbers  and  dates  of  such  bonds  so  burnt,  and 
the  act  under  which  the  same  were  issued,  and  the  Treasurer  shall  report 
such  action  and  certificate  to  the  General  Assembly  at  its  first  session 
thereaiter. 

Sec.  6.  In  order  to  provide  for  the  payment  of  the  interest  upon  such 
bonds,  so  issued  under  said  act,  and  the  bonds  to  be  issued  and  so  substi- 
tuted under  this  act,  as  well  as  for  that  on  all  such  other  bonds  as  may  be 
issued  under  the  provisions  of  this  act,  which  has  accrued  and  which  may 
hereatter  trom  time  to  time  accrue,  there  shall  be  annually  levied  and 
collected  as  other  taxes  a  special  tax  of  one- eighth  of  one  per  cent,  on  all 
the  taxable  property  in  the  State  ;  and  the  Treasurer  shall  apply  the  tax 
so  collected  to  the  payment  of  such  interest  as  the  same  shall  accrue. 
M  .u'r(*  ^-^  further  subscription  for  the  capital  stock  of  the  Western 
JNorth  Carohna  Kailroad  Company  by  Counties,  the  County  Commissioners 
ot  any  County  shall,  m  all  respects,  for  their  Counties  respectivelj^  do  all 
tilings  and  discharge  all  duties  to  that  end  and  purpose,  that  heretofore  by 
law  devolved  upon  the  County  Courts  in  Counties  proposing  to  subscribe, 
and  subscribing  for  such  capital  stock,  and  a  .majority  of  the  County 
Commissioners  may  act,  and  at  such  time  or  times  as  they  may  from  time 


26  WESTERN   NORTH-CAROLINA   RAILROAD. 

to  time  designate,  and  a  majority  of  the  votes  cast  upon  any  proposition 
to  the  people  of  a  County  to  subscribe  for  such  capital  stock,  shall  be 
sufficient  to  authorize  such  subscriptions  for  such  capital  stock  heretofore 
made,  are  here  in  all  things  ratified. 

Sec.  8.  That  the  County  Commissioners  of  any  County  having  stock 
in  said  Company,  shall  appoint  a  prosy  to  represent  such  stock  in  the 
stockholders'  meetings,  said  proxy  to  be  appointed  by  a  majority  of  the 
Commissioners. 

Sec.  9.  The  stockholders  of  the  Western  Division  of  said  Road  shall 
have  power  to  fix  the  time  and  place  of  their  meetings,  and  the  proceed- 
ings had  and  acts  done,  by  such  stockholders,  and  the  Directors  of  said 
Division  in  and  at  the  organization  of  the  same  are  hereby  in  all  things 
ratified  and  confirmed. 

Sec.  10.  The  stockholders  of  said  Company,  including  the  State,  for 
the  Jiastern  Division,  shall  have  the  power  and  the  right  to  elect  all  the 
Directors  and  officers  of  the  Company  and  to  prescribe  the  duties  of  each, 
except  that_  the  Board  of  Directors  shall  elect  the  President  from  the 
Board  of  Directors :  Provided,  That  on  all  questions,  and  in  all  elections, 
the  State  shall  be  entitled  to  a  2^>'o  rata  vote  upon  all  her  stock  according 
to  the  representation  of  the  individual  stock  in  the  meeting;  and  a 
proxy  appointed  by  the  Grovernor  shall  cast  the  vote  of  the  State. 

Sec.  11.  The  stockholders  of  said  Company,  including  the  State  for 
the  Western  Division,  shall  have  the  power  and  the  right  to  elect  all  the 
Directors  and  officers  of  the  Company,  and  to  prescribe  the  duties  of  each, 
except  that_  the  Board  of  Directors  shall  elect  the  President  from  the 
Board  of  Directors :  Provided,  That  the  State  shall  be  eiititled  to  a  pro 
rata  vote  upon  one-third  of  her  stock,  according  to  the  representation  of 
the  individual  stock  in  the  meeting. 

Sec.  12._  That  said  Company  shall  have  power  and  the  right  to  take  all 
such  securities  and  mortgages  of  real  and  personal  estate,  as  it  may  deem 
proper,  to  secure  the  faithful  performance  of  contracts,  for  the  construc- 
tion and  repairs  of  said  Road,  and  the  buildings  and  other  things  incident 
thereto,  and  all  such  securities  and  mortgages  heretofore  taken  are  hereby 
ratified  and  confirmed- 

Sec.  13.  The  Board  of  Directors  of  the  Western  Division  of  said  Road 
shall  have  power,  in  their  discretion,  to  fix  the  Western  terminus  of  the 
main  branch  thereof,  on  the  Tennessee  or  G-eorgia  line  in  Cherokee  County. 
_  Sec.  14.  That  it  shall  be  sufficient  to  register  the  deeds,  convejdng  the 
right  of  way,  depots  and  station  grounds  to  the  Western  Division  of  said 
Company,  in  the  County  of  Buncombe,  and  all  such  deeds  and  convey- 
ances not  heretofore  registered  shall  be  registered  in  that  County. 

Sec.  15.  That  said  Western  North-CaroHna  Railroad  Company  shall 
have  power  to  make  or  discontinue  branches  of  said  Road  at  will,  and  it 
may  use  the  branches  as  will  best  promote  its  convenience  and  interest : 
Provided,  nevertlieless,  This  section  shall  not  confer  any  power  to  interfere 
with  the  branch  Road  to  Paint  Rock,  and  no  other  branch  shall  be  begun 
until  the  main  trunk  to  Ducktown  and  the  branch  to  Paint  Rock  shall 
have  been  completed. 

Sec.  16.  The  acceptance  of  this  amendment  to  the  original  charter  of 
the  Western  North-Carolina  Railroad  Company,  and  of  the  acts  hereto- 
fore passed  amendatory  thereof,  shall  be  submitted  to  the  private  stock- 
holders of  both  Divisions  jointly,  and  if  a  majority  of  all  the  votes  cast 
in  a  joint  meeting  of  said  private  stockholders  shall  be  in  favor  of  the 
acceptance,  then  this  act  shall  go  into  effect  and  not  before,  and  it  shall 
be  the  duty  of  the  Pre'sidents  of  the  Eastern  and  Western  Divisions  to 


WESTERN   NORTH-CAROLINA  RAILROAD.  27 

call  a  joint  meeting  of  tlie  private  stockholders  of  tlieir  respectiveDivis- 
ions,  at  such  time  and  place  as  may  be  agreed  upon  by  said  Presidents, 
and  within  ninety  days  from  the  ratification  of  this  act,  and  a  majority  of 
the  votes  in  said  joint  meeting,  (a  quorum  being  present,  either  in  person 
or  by  proxy,)  shall  determine  the  question  of  the  acceptance  or  rejection 
of  this  act. 

Sec.  17.  If  a  quorum  of  private  stock,  (represented  either  m  person 
or  by  proxy,) shall  not  be  present  at  the  first  meeting  as  provided  in  the 
sixteenth  section  of  this  act,  then  it  shall  be  lawful,  and  it  shall  be  the 
duty  of  the  Presidents  aforesaid,  to  call  another  meeting  at  some  other 
time,  not  exceeding  thirty  days,  and  so  on  as  often  as  necessary  until  a 
quorum  is  obtained. 

Sec.  18.  In  the  event  the  amendments  proposed  herein  to  the  charter 
of  the  Western  North-Carolina  Railroad  Company  shall  be  accepted  by 
the  private  stockholders  as  hereinbefore  provided,  it  shall  be  the  duty  of 
the  Presidents  of  the  Eastern  and  Western  Divisions  of  said  Road  to 
notify  the  Governor  of  the  State  of  said  acceptance  forthwith  ;  and  the 
Grovernor  shall  then  immediately  make  proclamation  thereof  in  three 
newspapers  within  the  State ;  whereupon  this  act  shall  be  in  full  force 
and  eifect. 

Sec.  19.  Provided,  That  on  or  before  the  day  upon  which  the  first 
coupon  of  the  bonds  authorized  to  be  issued  by  this  act,  shall  become  due, 
the  President  of  the  above-named  Railroad  Company  shall  pay  to  the 
Public  Treasurer,  either  in  cash  or  matured  coupons  of  bonds,  upon  which 
the  Public  Treasurer  is  made  to  pay  the  interest  under  this  act,  the  sum 
of  ninety  thousand  dollars :  and  on  or  before  the  day  upon  which  the 
second  coupon  of  the  bonds  authorized  by  this  act  shall  becorne  due,  the 
President  of  the  above-named  Railroad  Company  shall  pay  in  like  manner 
the  sum  of  ninety  thousand  dollars :  and  on  or  before  the  day  upon  which 
the  third  coupon  as  aforesaid  shall  become  due,  the  President  ab9ve- 
named  shall  pay  to  the  Public  Treasurer  in  like  manner  the  sum  of  sixty 
thousand  dollars :  and  on  or  before  the  day  upon  which  the  fourth  coupon 
as  aforesaid  shall  become  due,  the  President  above-named  shall  pay  to 
the  Public  Treasurer  in  like  manner  the  sum  of  thirty  thousand  dollars. 

Sec.  20.  Provided,  further,  That  of  the  bonds  authorized  to  be  issued 
under  this  act,  five  hundred  and  forty  thousand  dollars  shall  be  retained 
by  the  Public  Treasurer  as  collateral  security  for  the  faithful  performance 
of  the  conditions  of  the  preceding  section,  and  that  upon  the  payment  of 
the  first  ninety  thousand  dollars  as  aforesaid,  the  Public  Treasurer  shall 
be  authorized  to  deliver  to  said  Railroad  Company  one  hundred  and  eighty 
thousand  dollars  of  the  above-named  five  hundred  and  forty  thousand 
dollars  of  bonds,  and  upon  the  payment  of  the  succeeding  amounts  named 
in  said  section,  the  Public  Treasurer  is  authorized  to  deliver  bonds  to  the 
amount  of  double  the  sum  paid,  until  all  said  bonds  are  delivered  to  said 
Railroad  Company :  Provided,  also.  That  at  the  expiration  of  two  years 
fi'om  the.  date  of  the  first  coupon  of  the  bonds  authorized  in  this  act,  the 
Public  Treasurer  shall  be  authorized  to  issue  to  said  Railroad  Company, 
anadditional  amount  of  bonds,  equal  at  their  par  value,  to  the  amount 
paid  in  cash  by  said  Company  in  behalf  of  the  State,  according  to  the 
provisions  of  section  nineteen  of  this  act,  said  bonds  to  be  in  all  respects 
similar  to  those  authorized  to  be  issued  by  this  act. 

Sec.  21.  All  laws  and  clauses  of  laws  in  conflict  with  this  act  are  hereby 
repealed. 
Ratified  the  29th  day  of  January,  A.D.,  1869. 


28  WESTERN   NORTH-CAROLINA   RAILROAD. 

9 

AN   ACT 

Amendatory  of,  and  supplemental  to,  an  act  entitled  "An  Act  Amenda- 
tory of  the  Act  to  Incorporate  the  "Western  Worth-Carolina  Railroad 
Company,"  ratified  the  fifteenth  day  of  February,  eighteen  hundred 
and  fifty-five,  and  of  all  other  acts  amendatory  thereof,  passed  at  the 
present  session  of  the  General  Assembly,  and  ratified  on  the  twenty- 
ninth  day  of  January,  eighteen  hundred  and  sixty-nine. 

Section  1.  Tlie  General  Assembly  of  North- Carolina  do  enact,  That 
the  sixteenth  section  of  an  act  amendatory  of  the  act  to  incorporate  the 
Western  North-CaroHna  Raih'oad  Company,  ratified  the  fifteenth  day  of 
February  eighteen  hundred  and  fifty-five,  and  of  all  other  acts  amendatory 
thereof,  passed  at  the  present  session  of  the  General  Assembly,  and  rat- 
ified on  the  twenty-ninth  day  of  January,  eighteen  hundred  and  sixty-nine, 
be  so  altered  and  amended  as  to  make  the  said  act  go  into  efi"ect  from  and 
after  its  ratification,  instead  of  after  its  acceptance  by  the  private  stock- 
holders. 

Sec.  2.  That  so  much  of  the  eighteenth  section  of  the  above  recited 
act  as  comes  in  conflict  with  this  act,  or  is  repugnant  thereto,  be,  and  the 
same  is  hereby,  repealed. 

Sec.  3.  This  act  shall  be  in  force  from  and  after  its  ratification. 

Ratified  the  30th  day  of  January,  A.D.  1869. 


AN   ACT 

Supplemental  to,  and  amendatory  of,  an  act  passed  at  the  present  session 
of  the  General  Assembly,  entitled  "An  Act  amendatory  of  An  Act  to 
Incorporate  the  Western  North-Carolina  Railroad  Company,"  ratified 
the  fifteenth  day  of  February,  eighteen  hundred  and  fifty-five,  and  of 
all  other  acts  amendatory  thereof. 

Section  1.  The  General  Assemhh/  of  North- Carolina  do  enact,  That 
sections  sixteen,  seventeen  and  eighteen  of  the  act  entitled  as  above, 
passed  at  the  present  session  of  General  Assembly,  and  ratified  on  the 
twenty-ninth  day  of  January,  eighteen  hundred  and  sixty-nine,  be  amend- 
ed by  striking  out  the  word  "private"  wherever  it  occurs,  so  that  in  the 
meetings,  therein  provided  for,  the  State  as  well  as  the  other  stockholders 
may  vote  upon  the  acceptance  of  the  amendments  to  the  original  charter, 
and  other  acts  amendatory  thereof,  and  the  vote  of  the  State  on  the  said 
question  of  acceptance  shall  be  scaled  in  accordance  with  the  provisions  of 
the  original  charter,  ratified  on  the  fifteenth  February,  eighteen  hundred 
and  fifty-five. 

Sec.  2.  This  act  shall  be  in  force  from  and  after  its  ratification. 

Ratified  the  1st  day  of  April,  A.D.  1869. 


WESTERN   NORTH-CAROLINA   RAILROAD.  29 


AN   ACT 

» 

Amendatory  of  the  Act  to  Incorporate  the  "Western  North-Carolina  Rail- 
road Company,  ratified  the  fifteenth  day  of  February,  eighteen  hund- 
red and  fifty-five,  and  of  all  acts  amendatory  thereof. 

Section  1.  The  General  Assembly  of  North- Carolina  do  enact ^  That 
the  provisio  in  section  fifteen  of  said  act  shall  not  be  so  construed  as  to 
prevent  the  immediate  construction  of  the  branch  road  leading  from  a 
point  near  Catawba  Station  in  Catawba  County,  to  the  lime  beds,  as  pro- 
vided for  in  section  one  of  said  act,  and  in  all  meetings  hereafter  held  by 
the  stockholders  of  the  Eastern  Division  of  said  Company,  the  State  stock, 
if  represented,  shall  vote  as  provided  in  the  eleventh  section  of  the  act 
ratified  the  twenty-ninth  day  of  January,  eighteen  hundred  and  sixty-nine 
for  the  "Western  Division,"  of  which  this  is  amendatory,  and  the  adop- 
tion of  these  and  further  amendments  shall  be  left  to  the  private  stock- 
holders of  the  Eastern  Division. 

Sec.  2.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  re- 
pealed. 

Sec.  3.  This  act  shall  be  in  force  from  and  after  its  ratification. 

Katified  the  9th  day  of  April,  A.D,,  1869. 


PROCEEDINGS 

OF  THE 

GENERAL    MEETING    OF     STOCKHOLDERS 

OF  THE 

AT  SALISBURY,  AUGUST  30th,  1855. 
«»$ot«»= 

Salisbury,  August  30,  1855. 

The  Stockholders  having  met  in  "  Murphy's  Hall "  pur- 
suant to  adjournment,  on  motion  of  "W.  P.  Caldwell,  of  Iredell, 
Col.  T.  A.  Allison,  of  Iredell,  was  called  to  the  Chair,  and  on 
motion,  W.  P.  Caldwell  and  John  C.  Cannon,  were  appointed 
Secretaries. 

On  motion  of  W.  P.  Caldwell,  it  was 

Eesolved,  That  a  Committee,  consisting  of  one  from  each  County,  be 
appointed  to  inquire  how  much  stock  was  represented  and  to  verify  proxies. 

The  Chair  being  about  to  appoint  the  Committee,  it  was  de- 
ferred by  general  consent  at  the  request  of  T.  R.  Caldwell,  Esq., 
of  Burke,  who  stated  that  before  the  Convention  proceeded  to 
organize  as  a  Convention  of  Stockholders,  the  County  of  Burke 
desired  to  submit  a  proposition,  stating  at  the  same  time,  that 
Burke  County  had  not,  as  yet,  subscribed  to  the  Road. 

Whereupon,  W.  W.  Avery,  Esq.,  offered  the  following  Pre- 
amble and  Resolutions : 

Whereas,  It  has  been  suggested  that  the  terminus  of  the  first  section 
of  the  Western  North-CaroHna  Raihoad  may  be  located  in  the  woods,  at 
some  inaccessible  point,  thereby  subjecting  the  community  to  much  incon- 


WESTERN   NORTH-CAEOLINA  RAILROAD.  31 


« 


venience,  and  impairing  the  utility  of  the  work  ;  and  whereas,  it  \s  the  de- 
liberate opinion  of  this  meeting  that  it  was  the  wish  and  intention  of  the 
General  Assembly  in  granting  the  Charter,  that  the  terminus  of  the  re- 
spective sections  of  said  Road  should  be  at  the  most  prominent  and  pub- 
Uc  points  along  the  line  :  Therefore, 

Resolved,  That  the  terminus  of  the  first  section  of  the  Western  North- 
Carolina  Railroad  should  be  fixed  by  the  Board  of  Directors  at  the  town  of 
IMorganton,  in  Burke  County,  and  that  the  Directors  who  may  be  chosen 
at  this  meeting  are  hereby  instructed  to  locate  that  terminus  of  said  sec- 
tion at  the  point  designated. 

Resolved  further,  That  the  entire  line  of  said  Road  from  Salisbury  to 
Morganton  should  be  surveyed,  located  and  the  estimates  made  out  there- 
for without  delay,  and  that  the  contracts  for  grading  the  line  thus  located, 
should  be  let  out  at  the  earliest  moment,  so  as  to  have  the  same  in  the  pro- 
gress of  constrction  throughout  its  entire  length  at  the  same  time. 

On  motion,  tlie  Convention  adjourned  until  3  o'clock,  P.M. 


•Three  o'clock,  P.M. 

The  Convention  was  called  to  order  by  the  Chair. 

E.  J.  Erwin,  Esq.,  of  Burke,  in  behalf  of  the  General  Com- 
missioners, reported  that  three  hundred  thousand  dollars  had 
been  unconditionally  subscribed  by  the  Counties  of  Eowan, 
Iredell  and  Catawba,  and  that  Burke  was  ready  to  subscribe 
one  hundred  thousand  dollars  :  Provided,  the  Eesolutions  of- 
fered in  the  forenoon,  by  Mr.  Avery,  were  adopted.  After  a 
discussion  of  the  resolutions,  they  were  adopted  by  unanimous 
vote.     (The  Delegates  from  Burke  not  voting.) 

Whereupon,  E.  J.  Erwin,  Esq.,  from  the  Board  of  General 
Commissioners,  reported  that  the  subscription  of  Burke  of  one 
hundred  thousand  dollars  had  been  made  absolute. 

On  motion  of  W.  W.  Avery  Esq.,  it  was  Resolved,  That 
this  Convention  be  organized  with  a  Capital  Stock  of  four 
hundred  thousand  dollars  on  the  part  of  individuals. 

On  motion,  a  Committee,  consisting  of  one  Delegate  from 
each  County,  was  appointed  to  draft  By-Laws  for  the  regula- 
tion of  the  corporation  of  Stockholders.  Appointed :  D.  A. 
Davis,  Esq.,  of  Eowan ;  L.  Q.  Sharpe,  Esq.,  of  Iredell ;  D.  B. 
Gaither,  Esq.,  of  Catawba;  W.  A.  Lenoir,  Esq.,  of  Caldwell. 

On  motion,  a  Committee  consisting  of  one  Delegate  from  each 


32  WESTERN   NORTH-CAROLINA   RAILROAD. 

> 

County,  was  appointed  to  inquire  the  amount  of  Stock  repre- 
sented in  Convention.  Appointed;  C.  F;  Fisher,  Esq.,  of 
Eowan ;  M.  L.  McCorkle,  Esq.,  of  Catawba ;  Otho  Gillespie, 
Esq.,  of  Iredell ;  W.  A.  Lenoir,.  Esq.,  of  Caldwell,  Todd  E. 
Caldwell,  Esq.,  of  Burke. 

On  motion,  the  Convention  adjourned  until  9  o'clock,  A.M., 
to-morrow. 


Friday,  August  31,  9  o'clock,  A.M. 

The  Convention  was  called  to  order  by  the  Chair.  D.  A. 
Davis,  Esq.,  from  the  Committee  to  draft  By-laws,  reported  a 
series  of  Articles  and  Bules,  which  were,  on  motion,  unani- 
mously adopted. 

On  motion  of  W.  W.  Avery,  Esq.,  it  was 

Resolved^  That  the  Treasurer  of  the  Company  have  700  copies  of  the 
Charter  and  By-laws  of  the  Western  North-Carolina  Railroad  Company 
and  the  proceedings  of  this  meeting  be  printed  together,  for  distribution 
among  the  Stockholders. 

Mr.  Fisher  reported  that  there  were  3,484  shares  represent- 
ed in  this  Convention,  as  follows : 

Burke, 988  Shares. 

Catawba, 804      " 

Iredell, 974      " 

Rowan,  .         .         ;        .         .         .         .  654      " 

Caldwell, 74      "         ■ 

Total,        ....:.         3,484  Shares. 

A  majority  of  the  stock  being  represented :  On  motion  it 
was 

Resolved^  That  this  Convention  proceed  to  the  election  of  Directors. 

On  motion,  N.  N.  Fleming,  Esq.,  and  Dr.  John  F.  Ford, 
were  appointed   to   superintend   the  balloting,  who  reported 
that  John  W.  Ellis,  of  Rowan,  M.  L.  McCorkle.  of  Catawba 
R.  F.  Simonton,  Esq.,  of  Iredell,  and  Thomas  S.  Walton,  of 
Burke,  had  received  a  majority  of  the  votes  cast. 

On  motion  of  Todd  R.  Caldwell,  Esq.,  of  Burke,  it  was 

Resolved^  That  the  resolution  offered  in  the  informal  meeting  on  yester- 


WESTERN   NORTH-CAROLINA  RAILROAD.  33 

day,  by  Mr.  Avery,  of  Burke,  fixing  Morganton  as  the  terminus  of  the 
first  section  of  the  Road,  be  ratified  and  adopted  by  this  Convention,  and 
that  the  same  be  spread  upon  the  minutes  at  full  length  and  published  with 
the  Charter,  By-laws,  and  proceedings  of  this  Convention. 

On  motion  of  "W.  W.  Avery,  Esq.,  the  Director  living  nearest 
Kaleigh,  shall  have  the  appointment  of  the  time  and  place  of 
their  next  meetina;. 

On  motion  of  W.  W.  Avery,  Esq.,  it  was 

Resolved,  That  the  thanks  of  this  meeting  be  and  they  are  hereby  ten- 
dered to  Mr.  William  Murphy  for  the  use  of  his  Hall. 

On  motion  of  T.  G.  Walton,  Esq., 

Resolved,  That  the  thanks  of  this  meeting  be  tendered  to  the  Chairman 
for  the  dignity,  ability  and  impartiality  with  which  he  has  presided  over 
its  deliberations. 

On  motion, 

Rksolved,  That  the  proceedings  of  this  meeting  be  pubhshed  in  the 
newspapers  of  Salisbury,  and  the  other  papers  in  the  State  favorable  to 
the  enterprise,  be  requested  to  copy. 

On  motion,  the  Chairman  declared  the  meeting  adjourned 
sme  die. 

T.  A.  Allison,  Chairman. 
W.  P.  Caldwell,    )  „      ^     . 
J.C.Cannon,  \  Secretaries. 


PHOCEEDINGS 

OF  A 

CALLED  MEETING  OF  STOCKHOLDERS 

OF  THE 

HELD  IN  SALISBURY,  NOVEMBER  23rd,  1860. 
=<»=Jot=<»= 

Salisbury,  November  23,  1860. 

A  Called  Meeting  of  the  Stockholders  of  the  Western 
North-Carolina  Eailroad  Company  was  held  this  day  in  the 
Court  House,  at  2  o'clock,  P.M. 

On  motion,  Gen.  C.  M.  Avery,  of  Burke,  was  called  to  the 
Chair,  and  H.  Sherrill,  of  Catawba,  and  A.  M.  Erwin,  of  Mc- 
Dowell, were  appointed  Secretaries. 

On  motion  of  R.  F.  Simonton,  a  Committee  of  three  was  ap- 
pointed to  examine  proxies,  and  to  ascertain  the  amount  of 
stock  represented  in  the  meeting.  The  following  persons  were 
appointed  said  committee,  viz :  Robert  F.  Simonton,  Dr.  Alex- 
ander, M.  Nesbitt,  and  Richard  A.  Caldwell. 

A  majority  of  the  stock  being  represented,  the  meeting  pro- 
ceeded to  business. 

The  President  and  Chief  Engineer  then  submitted  their  re- 
ports. 

On  motion  of  Charles  F.  Fisher,  the  meeting  adjourned  to 
meet  at  seven  o'clock,  P.M.,  in  order  to  give  absent  Stockhold- 
ers a.n  opportunity  of  attending. 


WESTERN   NOETH-CAEOLINA   RAILEOAD.  35 

EVENING  SESSION. 

The  Chairman  called  the  meeting  to  order  at  the  hour  ap- 
pointed. 

On  motion  of  Dr.  A.  M.  Nesbitt,  the  Eeports'  of  the  Presi- 
dent and  Chief  Engineer  were  received  and  adopted. 

On  motion  of  Charles  F.  Fisher,  the  following  resolution  was 
submitted  to  the  meeting  : 

Resolved,  That  the  Convention  of  the  Stockholders,  in  accordance  with 
the  requisitions  of  the  Charter,  do  hereby  adopt  the  Ducktown  route,  as  set 
forth  in  the  Report  of  the  Chief  Engineer  to  this  body. 

Eichard  A.  Caldwell  and  Otho  Gillespie  being  appointed  tel- 
lers, a  vote  of  the  stock  was  taken,  with  the  following  result : 

For  the  Ducktown  line, 3,714 

For  the  French  Broad  line,         ....  173 

On  motion  of  A.  M.  Erwin,  the  following  resolution  was 
unanimously  adopted  : 

Resolved,  That  the  Stockholders  of  the  Western  North-Carolina  Rail- 
road Company  do  respectfully  recommend  to  the  Legislature  that  the  re- 
strictions in  the  Charter  of  this  Company  be  removed,  so  as  to  enable  the 
contractors  on  the  Second  Section  to  receive  their  pay. 

The  thanks  of  the  meeting  were  then  tendered  to  the  Chair- 
man and  Secretaries,  and  the  meeting  adjourned. 

C.  M.  AVERY,  Chairman. 

H.  Sherrill,      )  a      4.     ■ 
A.M.  Erwin;     j '^^^^'^^«^^^^- 

<:<i»tOt«<^ 


PRESIDENT'S  REPORT. 


Office  of  the  W.  N.  C.  Railroad  Company,  ") 
Salisbury,  November  23rd,  1860.     J 

To  the  Stockholders  of  the   Western  North-Carolina  Railroad 
Company : 

Gentlemen — You  have  been  called  together  in  compliance 
with  the  provisions  of  an  act  of  the  General  Assembly,  passed 
3 


36  WESTERN   NORTH-CAROLINA   RAILROAD. 

at  its  session  of  1858-'59,  entitled  an  act  to  amend  an  act,  to 
incorporate  the  Western  North-Carolina  Eailroad  Company, 
passed  at  the  session  of  1854-'55,  and  also  an  act  amendatory 
thereof,  passed  at  the  session  of  1856-'57,  which  was  accepted 
by  the  Stockholders  at  their  annual  meeting,  held  in  the  town 
of  Salisbury,  August  25th  and  26th,  1859. 

The  Board  of  Directors  at  their  next  meeting  after  the  ac- 
ceptance of  said  amendment,  authorized  the  Chief  Engineer  to 
organize  a  Corps  for  the  performance  of  the  duties  indicated  in 
the  act  referred  to,  namely,  to  make  a  survey  for  a  railroad, 
from  the  point  near  Asheville  to  which  the  survey  had  already 
been  made,  extending  West  through  the  valleys  of  the  Pigeon 
and  Tuckasegee  Rivers  to  a  point  on  the  line  of  the  Blue  Ridge 
Eailroad,  on  the  Tennessee  River,  or  to  the  Tennessee  line,  at 
or  near  Ducktown,  in  the  County  of  Cherokee. 

Also,  to  make  a  survey  from  the  point  to  which  the  survey 
had  already  been  made,  near  Asheville,  down  the  French  Broad 
River,  through  Madison  County,  to  the  line  of  the  State  of 
Tennessee,  at  or  near  Paint  Rock. 

The  result  of  these  surveys  is  now  laid  before  you,  in  the 
Report  of  your  Chief  Engineer,  which  dispels  all  the  fears 
heretofore  entertained  as  to  the  practicability  of  constructing  a 
Railroad  from  Asheville  to  Ducktown,  and  discloses  the  gratify- 
ing fact,  that  the  cost  will  fall  far  short  of  what  was  formerly 
supposed. 

Our  friends  in  the  Western  counties,  are  now  looking  with 
renewed  hope  to  the  realization  of  those  Railroad  facilities  so 
liberally  extended  to  other  sections  of  our  State,  to  develop 
and  bring  into  market  the  great  mineral  wealth  of  that  region. 

The  advantage  in  distance  from  the  Atlantic  coast,  say  Nor- 
folk to  Memphis,  via  Chattanooga,  by  this  line,  you  will  see  ful- 
ly set  forth  in  the  Report  of  your  Chief  Engineer.  The  comple- 
tion of  this  link,  thus  opening  a  Railroad  communication  with 
the  great  South- West,  would  invite  an  amount  of  travel  over 
this  and  the  contiguous  roads,  that  would,  in  the  end,  not  only 
prove  profitable  to  the  road,  but  relieve  the  State  from  the  bur- 
dens imposed  for  their  construction. 


WESTERN   NORTH-CAROLINA   RAILROAD.  37 

The  line  down  the  French  Broad  to  Paint  Kock,  in  point  of 
cost,  will  compare  favorably  with  any  line  of  the  same  length 
in  the  mountainous  regions  of  our  State,  and  its  construction 
would  probably  form  a  connection  with  the  Western  Eoads  at 
an  earlier  day  than  could  be  effected  by  the  Ducktown  line  ; 
yet,  its  divergence  from  the  general  course  of  the  main  line  of 
road  now  completed  and  in  course  of  construction,  would  not 
fail  to  operate  seriously  against  it,  as  there  would  be  no  advan- 
tages in  distance  over  other  roads  now  in  operation. 

The  amendment  of  1858-59,  contemplates  that  the  Stock- 
holders, East  of  the  Blue  Ridge,  should  decide  on  the  location 
"West  of  the  Blue  Ridge  prior  to  any  legislation  thereon,  and 
we  feel  well  assured  that  you  will  give  the  subject  the  consid- 
eration which  the  magnitude  of  the  question  deserves,  as  upon 
your  decision,  so  much  of  the  success  of  our  Railroad  system 
depends. 

We  would  ask  your  favorable  consideration  in  behalf  of  your 
Chief  Engineer  and  his  Assistants,  for  the  zeal  and  ability  dis- 
played in  the  discharge  of  the  very  arduous  duties  assigned 
them. 

I  have  the  honor  to  be,  very  respectfully, 
Your  obedient  servant, 

A.  M.  POWELL,  President 


4ot= 


CHIEF  ENGINEER'S  REPORT. 


Chief  Engineer's  Office  W.  N.  C.  R.  R., 
Salisbury,  Nov.  23rd,  1860. 

To  the  President  and  Directors  of  the  IVestern  North- Carolina 

Eailroad. 

Gentlemen — Tlie  amendment  to  the  Charter  passed  at  the 
last  session  of  the  Legislature,  extending  the  Road  to  the  Ten- 
nessee line,  also  provided  for  a  survey  of  the  same,  down  the 


38  WESTERN   NORTH-CAROLINA   RAILROAD. 

Frencli  Broad  River  to  the  Tennessee  line  at  Paint  Rock,  as 
well  as  to  tlie  State  line  in  the  direction  of  Chattanooga,  and 

by  a  resolution  of  your  Board,  at  its  meeting  on  the  day 

of ,  Iwas  authorized  to  make  the  surveys,  con- 
templated by  the  Charter  so  amended,  and  to  organize  a  Corps 
of  Engineers  for  that  purpose.  Accordingly,  I  at  once  made 
such  preliminary  arrangements  as  were  necessary,  and  on  the 
10th  day  of  November,  1859,  a  Corps  of  Engineers,  duly  pre- 
pared and  equipped,  took  the  field  for  duty  in  Buncombe  coun- 
ty, near  the  confluence  of  Swannanoa  and  French  Broad  Rivers. 
To  this  point  the  surveys  of  the  Western  North-Carolina 
Railroad  had  been  extended,  partly  by  location,  and  partly  by 
preliminary  lines,  whilst  from  this  point,  under  the  authority 
of  the  Greeneville  and  French  Broad  Railroad  Company,  as  its 
Chief  Engineer,  for  that  part  of  the  line,  I  had,  during  the 
winter  and  spring  of  1858,  made  a  survey  to  the  Paint  Rock, 
at  the  Tennessee  line.  The  notes  of  survey,  profiles,  maps  and 
information  in  regard  to  it,  are  in  my  possession.  I  therefore, 
regarded  it  as  unnecessary  to  make  further  surveys,  on  that 
part  of  the  line,  but  to  avail  myself  of  the  information  thus  ac- 
quired, and  shall,  in  treating  of  it,  consider  them  part  and  par- 
cel of  this  survey. 


FRENCH  BROAD  DIVISION. 

Therefore,  in  contradistinction  to  the  line  hereafter  to  be 
considered,  I  shall  denominate  and  present  this  under  the  head 
of  the  French  Broad  Division. 

Near  the  mouth  of  thr  Swannanoa  River,  the  located  line  be- 
gins, and  running  in  a  northerly  direction,  continues  down  the 
east  bank  of  the  river  for  about  two  miles,  when  it  crosses  to 
the  west  side,  and  thus  continues  its  course  with  the  meander- 
ings  of  that  tortuous  and  crooked  river,  crossing  its  several 
tributaries  on  its  way  to  the  Tennessee  line  at  Paint  Rock. 
This  route  had  long  been  familiar  to  me,  as  during  the  winter 
of  1853,  I  had  traced  an  experimental  line  along  the  rock 


WESTEEN   NORTH-CAEOLINA   EAILROAD.  39 

bound  sides  of  tlie  river,  so  that  its  practicability  was  of  no 
doubtful  character  ;  but  the  line  being  closely  confined  by  the 
rapid,  foaming  waters  of  the  river  on  one  side,  and  the  high 
mural  precipices  of  its  rugged  confines  on  the  other,  a  nice 
location  was  necessary  to  determine  its  cost. 

Except  for  the  first  five  miles  near  Asheville,  and  the  six 
miles  east  of  Paint  Rock,  the  valley  of  the  French  Broad,  or 
Tokesteh  river,  is  confined  to  very  narrow  limits,  in  many 
places  having  perpendicular  bluff's  of  rock  on  each  side,  so  that 
the  passage  for  a  road  is  obtained  by  encroaching  on  the  sides 
of  the  river,  rather  than  excavating  the  solid  rock.  To  avoid, 
as  much  as  possible,  the  rock  excavations,  an  embankment  line 
has  been  traced  wherever  it  could  be  done.  Owing  to  the  very 
acute  angles  in  the  course  of  the  river,  the  curvature  is  ren- 
dered very  abrupt,  and  in  some  places  requires  the  adoption  of 
a  curve  of  522  feet  radius.  The  grades  are  good,  and  conform 
very  nearly  to  the  natural  fall  of  the  river,  and  except  in  one 
place,  no  where  exceed  fifty  feet  to  the  mile. 

The  tabular  statement  of  grades,  curvature  and  mechanical 
structures,  herewith  accompanying  this  report,  will  exhibit 
more  in  detail  the  character  of  the  line. 

There  are  upon  this  division,  1,126,632  yards  of  excavation, 
of  which  89,022  yards  are  estimated  as  solid  rock,  13  bridges 
and  viaducts,  requiring  1125  feet  lineal  of  bridge  superstruc- 
ture. 

There  are  more  than  the  usual  number  of  these  structures  on 
this  Division,  owing  to  the  fact,  that  it  is  a  river  line. 

The  estimated  cost  of  this  line,  as  located,  is  $968,048  84- 
(nine  hundred  and  sixty-eight  thousand  and  forty-eight  dollars, 
eighty-four  cents,)  and  the  distance  from  the  Swannanoa  to 
Paint  Pock,  44.9  miles,  thus  afibrding  a  cheap  line  to  that 
point. 


40  WESTERN   NORTH-CAROLINA   RAILROAD. 

FEENCH  BROAD  DIVISION. 

Estimate  of  Cost  from  Mouth  of  Swannanoa  River  to  Tennessee  line  at 
Paint  Rock.     Length.,  44. 9  miles. 


For  Grraduation  and  Masonry, 

Ten  per  cent,  for  contingencies, 

Engineering  and  general  surperintendence,     . 

Iron,  Chairs,  Spikes,  Cross-ties, 

Laying  superstructure  and  land  damages, 

Wells,  Wood,  and  Water  Stations,  Kepair  Shops, 

Ware  houses  and  Equipments, 


Total  Cost, 


,317  13 
36,931  71 
45,000  00 

369,800  00 
120,000  00 


$968,048  84 


From  the  North- Carolina  line  to  Morristown,  on  the  East 
Tennessee  and  Virginia  Railroad,  the  line  has  been  located,  and 
is  now  under  construction. 

This  route  leads  directly  to  the  Warm  Springs,  37  miles  from 
Asheville,  the  county  town  of  Buncombe.  In  regard  to  this 
beautiful  located  and  handsomely  improved  town,  several  lines 
were  traced,  with  reference  to  passing  through  it,  yet,  while  the 
distance  was  shortened,  the  cost  was  very  materially  increased; 
we,  therefore,  leave  the  final  location  of  this  line  for  future 
consideration. 

For  the  contemplated  surveys,  the  point  of  the  French  Broad 
Valley,  near  Asheville,  is  common  to  both  routes,  and  the  lan- 
guage of  the  amendment  requires  us  to  extend  the  line  across 
the  French  Broad  River  through  the  valleys  of  the  Pigeon  and 
Tuckasegee  Rivers,  to  the  Blue  Ridge  Railroad  on  the  Tennes- 
see River,  or  to  the  Tennessee  line  near  the  Cawoneh  or  Duck- 
town. 

The  direction  of  the  road  to  the  Blue  Ridge  Railroad  being 
so  clearly  defined,  left  us  no  choice,  if  there  had  even  been  an- 
other route,  (which  there  was  not,)  but  to  select  the  best 
ground  for  a  line  so  designated.  On  this  part  of  the  line  the 
greatest  difficulty  was  supposed  to  be  in  descending,  from  the 
summit  of  the  Balsam,  mountain,  the  slope  of  Scott's  creek ; 
consequently,  several  lines  were  traced,  and  great  care  obser- 
ved in  the  examination. 


f 

WESTERN   NORTH-CAROLINA   RAILROAD.  41 

From  the  Tennessee  Eiver  to  the  State  line,  near  Cawoneh 
or  Ducktown,  the  natural  conformation  of  the  ground  had  so 
clearly  defined  a  line  as  far  as  Murphy,  that  it  required  only  an 
instrumental  examination,  under  the  surpervision  of  practical 
and  scientific  men,  to  determine  its  practicability;  but  from  Mur- 
phy to  Cawoneh,  more  than  one  line  may  be  had ;  two  were 
traced,  but  a  cheaper  line  may  still  be  had  by  running  into 
Georgia  for  a  short  distance  East  of  the  Tennessee  line,  which 
would  enable  us  to  avoid  some  mountain  spurs,  that  extend 
down  to  the  Georgia  line. 

A  corps  under  the  direction  of  S.  W.  Presstman,  as  Princi- 
pal Assistant  Engineer,  was  assiduously  and  diligently  engaged 
during  the  winter  and  early  part  of  the  spring,  notwithsanding 
the  inclemency  of  the  weather,  in  making  the  necessary  pre- 
liminary surveys,  which  were  completed  about  the  10th  of 
April,  1860.  A  reconnoissance  of  the  route  and  an  inspection 
of  the  maps  and  profiles,  at  once  satisfied  me  of  its  practicability. 

To  facilitate  the  progress  of  the  location,  so  as  to  have  it 
ready  for  your  consideration  at  this  time,  I  put  an  additional 
corps  in  the  field,  one  party  beginning  at  the  Eastern,  and  the 
other  at  the  "Western  end  of  the  line,  with  instructions  to  lo- 
cate towards  the  centre.  The  location  has  been  completed,  and 
I  now  present  you  with  a  brief  statement  of  the  result. 

For  convenient  reference,  I  shall  consider  this  whole  line  with 
the  estimate  thereof,  under  the  head  of  the  first  and  second 
Sections,  to-wit :  the  First  extending  from  the  French  Broad 
Eiver  to  the  Blue  Eidge  Eailroad,  on  the  Tennessee  Eiver,  72.55 
miles  ;  and  the  Second  Section  extending  from  the  last  named 
point  to  the  Tennessee  State  line,  near  Cawoneh"  or  Ducktown, 
62.87  miles. 

The  location  I  shall  describe  under  the  heads  of  the  first 
and  second  divisions,  as  follows  : 

THE  FIEST  SECTION. 
Beginning  on  the  East  bank  of  the  French  Broad,  we  cross 
that  river,  400  feet  in  width,  below  and  near  the  mouth  of  the 
Swannanoa,  and  following  the  West  bank  of  the  French  Broad 


42  WESTERN   NORTH-CAEOLINA   EAILROAD, 

for  a  mile,  the  line  passes  into  the  valley  of  Homminy  Creek, 
crossing  the  dividing  ridge  by  a  cut,  fifty  feet  deep ;  it  then 
follows  the  valley  of  Homminy  Creek,  one  and  a  half  miles,  to 
the  mouth  of  Ragsdale's  Creek,  the  course  of  which  it  pursues 
to  Chandler's  ridge,  on  the  State  Koad,  five*  miles  from  the 
French  Broad,  and  there  passes  through  a  low  gap,  to  the  val- 
ley of  Homminy,  cutting  off  the  bend  of  that  creek. 

The  low  gaps,  the  course  of  the  French  Broad,  and  the  val- 
ley of  Eagsdale's  Creek  are  nearly  in  a  straight  line  from  the 
crossing  of  the  French  Broad,  to  a  point  one  mile  west  of 
Chandler's  summit.  From  this  point,  the  line  follows  the  val- 
ley of  Homminy  Creek,  seven  miles,  then  passing  along  the  side 
hills  of  the  valley  for  five  miles,  a  gap  in  the  Newfound  moun- 
tains is  reached,  2668  feet  above  tide,  and  passes  by  a  tunnel 
300  feet  long,  to  the  valley  of  Pigeon  River,  seventeen  miles 
from  the  French  Broad.  Crossing  the  river,  (which,  at  this 
point,  is  200  feet  wide,  and  runs  parallel  to  the  mountain,  the 
surface  of  the  water  being  only  100  feet  below  the  summit  of 
the  gap,  but  600  feet  above  the  French  Broad,)  the  line  leaves 
the  valley  of  Pigeon,  and  follows  a  line  of  low  gaps,  to  the  val- 
ley of  Pi,ichland  Creek,  (which  is  broad  and  straight,)  and  passes 
up  this  valley  to  Waynesville,  the  county  town  of  Haywood, 
making  the  distance  from  the  French  Broad,  27  miles. 

At  the  hea^l  of  Bichland  Creek,  7  miles  from  Waynesville, 
the  line  crosses  the  Balsam  Mountains,  to  the  head  of  Scott's 
Creek,  by  a  tunnel  1750  feet  long,  the  Western  portal  being 
the  Western  terminus  of  the  first  division,  and  34.87  miles  from 
the  French  Broad  Eiver. 

There  are  upon  this  division,  1,612,778  yards  of  excavation, 
of  which  317,705  yards  are  estimated  as  solid  rock;  2,555  feet 
lineal  of  bridge  superstructure,  for  31  bridges,  as  well  as  two 
tunnels,  whose  aggregate  length  is  2050  feet. 

On  this  division,  the  alignment  is  very  direct,  yet,  whilst  we 
have  an  average  grade  of  only  53.8  feet  per  mile,  th^re  is  up- 
on it  a  maximum  grade  of  106  feet  per  mile,  but  coinciding 
with  the  natural  surface  of  the  valley  of  Richland  Creek,  in  its 
approach  to  the  Balsam  Mountains,  whose  summit,  at  the  gap 


WESTERN   NORTH-CAEOLINA  RAILROAD.  43 

we  cross,  is  3,411  feet  above  tide,  and  1435  feet  above  the 
Prench  Broad  Eiver. 

The  summit  grade  at  this  point,  is  the  greatest  elevation  at- 
tained by  any  Kailroad  in  the  United  States. 

The  estimated  cost  of  this  Division  for  Graduation,  Masonry, 
Bridges,  Iron  and  Superstructure  complete,  is  $1,204,936  00, 
(one  million  two  hundred  and  four  thousand,  nine  hundred  and 
thirty-six  dollars.) 

SECOND    DIVISION, 

The  Second  Division  oi  the  First  Section  extending  from  the 
Western  portal  of  the  Balsam  tunnel  to  the  Blue  Ridge  E,ail- 
road,  follows  the  side  hills  of  the  valley  of  Scott's  Creek,  for  14 
miles,  to  the  Tuckasegee  River,  crossing  in  its  course,  Balsam 
Creek,  North  Fork  of  Scott's  Creek,  Buff  Creek,  and  Allen's 
mill  Creek ;  and  passing  within  3|-  miles  of  Websier,  the 
county  town  of  Jackson.  On  this  part  of  the  line,  the  most 
formidable  difficulties  were  expected ;  but  if  we  except  the 
crossing  of  the  North  Fork  of  Scott's  Creek,  which  is  passed 
on  a  bridge  520  feet  long,  (the  piers  being  120  feet  high,)  the 
line  is  very  good,  and  its  passage  remarkable. 

From  the  mouth  of  Scott's  Creek,  the  line  follows  the  east 
bank  of  the  Tuckasegee  River,  one  mile ;  then  crossing  the 
river,  it  passes  by  a  tunnel  850  feet  long  through  a  sharp  spur 
of  the  Cowee  Mountains,  and  re-crosses  the  Tuckasegee  to  the 
east  bank,  along  which  it  continues,  15J  miles,  (passing  within 
two  miles  of  Quallatown,  the  Cherokee  settlement,  and  crossing 
in  its  course,  the  Oconee  Lufteh  and  Deep  Creek,)  then  cross- 
ing the  Tuckasegee,  ascends  the  dividing  ridge  between  that 
river  and  the  Tennessee  river,  passing  by  a  cut  of  forty  feet  to 
the  valley  of  Alarka,  along  which  it  passes,  crossing  and  re- 
crossing  its  meanderings,  to  its  mouth  on  the  Tennessee  River, 
2.25  miles  below  the  mouth  of  Nantihala  River ;  and  here  con- 
necting with  the  line  of  the  Blue  Ridge  Railroad,  in  Macon 
county,  the  Second  Division  of  the  First  Section  ends,  a  dis- 
tance of  37.68  miles ;  having  1,912,203  yards  of  excavation,  of 
which  481,417  yards  are  estimated  as  solid  rock ;  21  bridges, 


44  WESTEEN  NORTH-CAROLINA   RAILROAD. 

requiring  2640  feet  lineal  of  bridge  superstructure ;  and  six 
tunnels,  having  an  aggregate  length  of  1945  feet. 

The  estimated  cost  of  this  Division  of  the  First  Section,  com- 
plete, is  $1,477,366  00  (one  million,  four  hundred  and  seventy- 
seven  thousand,  three  hundred  and  sixty-six  dollars,)  making  the 
length  of  the  First  Section  to  the  Blue  Eidge  Eailroad,  on  the 
Tennessee  Eiver,  72.55  miles;  and  its  cost,  $2,682,302  00, 
(two  million,  six  hundred  and  eighty-two  thousand,  threeh  un- 
and  two  dollars.) 

THE  SECOND  SECTION 

Extends  from  the  right  bank  of  the  Tennessee  Eiver,  at  the 
mouth  of  Alarka  Creek  to  the  Tennessee  State  line,  a  distance 
of  62.88  miles,  and  is  also  divided  into  two  divisions ;  the  first 
commencing  at  the  Tennessee  river,  and  terminating  at  Mur- 
phy, Cherokee  county :  the  second  beginning  at  the  last  named 
place,  and  ending  at  the  State  line. 

Starting  at  the  mouth  of  Alarka  Creek,  the  line  crosses  the 
Tennesssee,  and  connects  on  the  left  bank  of  the  river  with  the 
located  line  of  the  Blue  Eidge  Eailroad. 

For  a  distance  of  2|  miles,  to  the  junction  of  the  Nantihala 
river  with  the  Tennessee,  both  lines  pass  over  the  same  ground, 
and  the  location  must  be  a  subject  of  adjustment  between  the 
respective  companies. 

FIRST   DIVISION. 

Leaving  the  Tennessee  Eiver  at  the  mouth  of  the  Nantihala, 
the  location  follows  the  course  of  the  latter  river  for  9  miles, 
with  light  grades  and  moderate  work,  to  a  point  from  which  it 
becomes  necessary  to  use  high  grades  to  reach  the  Eed  Marble 
Gap,  the  lowest  depression  in  the  mountain  which  divides  the 
waters  of  the  Nantihala  and  Valley  Elvers.  This  portion  em- 
braces the  heaviest  work  on  the  Second  Section,  including  four 
short  tunnels  of  92,  181,  182,  and  130  feet,  respectively,  in 
length,  through  spurs  of  the  mountains ;  and  one  of  1224  feet 
at  the  Eed  Marble  Gap,  by  which  the  line  is  brought  to  the 
head  of  Valley  Eiver.  Two  viaducts,  with  iron  superstructure, 
will  be  necessary  in  passing  deep  ravines. 


WESTERN   NORTH-CAROLINA  RAILROAD.  45 

From  the  Eed  Marble  Gap,  the  line  follows  the  course  of 
Valley  Eiver  for  two  miles,  where,  on  account  of  the  rapid  and 
irregular  fall  of  the  stream,  and  its  tortuous  course,  it  becomes 
necessary  to  leave  the  river,  and  sustain  the  grade  by  passing 
through  a  series  of  gaps  in  spurs  of  the  mountain  running 
south  of  the  river  and  parallel  to  it.  Seven  and  three-quarter 
miles  from  the  source  of  the  river,  the  line  reaches  the  river 
bottom,  where,  to  a  point  eight  miles  from  Murphy  the  loca- 
tion follows  the  valley,  with  easy  grades  and  alignment  and 
very  moderate  work.  The  last  eight  miles  of  this  is  located 
through  a  range  of  very  low  gaps,  affording  a  shorter  and  more 
direct  route  to  Murphy  than  could  be  obtained  by  following  the 
river.  Here  terminates  the  First  Division  of  the  Second  Sec- 
tion, which  is  41.02  miles  long;  having 2,073,251  yards  of  ex- 
cavation, of  which  539,677  yards  is  estimated  as  solid  rock ;  19 
bridges,  requiring  3569  feet  of  bridge  superstructure ;  5  tun- 
nels, whose  aggregate  length  is  1808  feet. 

The  first  division  is  estimated  to  cost  $1,542,442,  (one  mil- 
lion, five  hundred  and  forty-two  thousand,  four  hundred  and 
forty-two  dollars.)  The  alignment  is  good,  having  62.5  per  cent, 
tangent,  against  37.5  per  cent,  of  curved  line.  The  grades  are 
easy,  except  in  crossing  the  mountain  at  irJed  Marble  Gap, 
where  we  use,  both  ascending  and  descending,  a  grade  of  116 
feet  per  mile,  for  a  short  distance ;  although  the  average  grade 
on  this  division  is  only  53.8  feet  per  mile. 

SECOND   DIVISION. 

The  location  of  the  Second  Division  of  the  Second  Section, 
and  last  of  the  series,  extends  from  Murphy  to  the  Tennessee 
State  line,  and  is  not  so  well  defined ;  the  line  crossing  the 
course  of  several  streams  emptying  into  the  Hiwassee  and  Not- 
teleh  Pavers,  and  their  intervening  ridges.  Two  routes  have 
been  surveyed,  one  leaving  Valley  Eiver,  at  Murphy,  and  pass- 
ing down  the  Hiwassee  to  the  mouth  of  Shields'  Creek,  a  dis- 
tance of  twelve  miles,  and  crossing  the  Hiwassee  at  that  point  ; 
thence  ascending  Shields'  Creek,  and  crossing, several  ridges, 
reaches  the  State  line  at  Majunkin's  Creek,  six  miles  north  of 


46  WESTEEN   NOETH-CAROLINA   RAILEOAD. 

Cawoneh,  or  Ducktown,  and  twenty  and  a  quarter  from  Murpliy. 
From  the  State  line  to  the  Ocoee  Eiver,  down  Brush  Creek, 
there  is  a  practicable  line  by  which  a  Western  connection  may 
be  made.  The  other,  or  southern  route  surveyed,  crosses  Val- 
ley and  Hiwassee  Elvers  at  Murphy,  and  passing  along  what 
is  known  as  the  Marble  lead,  crosses  three  ridges  through  low 
gaps,  and  reaches  Notteleh  Eiver  by  a  very  direct  line,  follow- 
ing that  stream  for  two  miles,  to  the  mouth  of  Dickens'  Creek, 
and  ascending  the  Creek  for  two  and  a  half  miles,  to  its  head, 
the  line  crosses  several  low  ridges,  and  reaches  the  Persimmon 
Mountain,  through  which  a  tunnel  of  174  feet  brings  the  line  to 
Persimmon  Creek ;  ascending  Persimmon  Creek  two  and  a  half 
miles  to  its  head,  apd  crossing  the  ridges  that  divide  Persimmon 
Hot-house  and  Wolf  Creeks,  brings  the  location  to  the  State 
line,  three  miles  south-east  of  Cawoneh,  and  twenty-one  and 
nine  tenths  miles  from  Murphy,  This  route,  though  less  fa- 
vorable as  regards  grades,  than  the  Northern  route,  possesses 
the  advantage  of  being  more  favorably  situated  as  regards  con- 
nections with  lines  to  Georgia ;  and  its  extension  to  Cleveland, 
Tennessee,  must  pass  through  the  heart  of  the  copper  mining 
region  of  Ducktown. 

Upon  this  Division  there  are  1,205,693  yards  of  excavation,, 
of  which  140,185  yards  have  been  estimated  as  solid  rock.  Two 
bridges,  requiring  480  feet  bridge  structure ;  and  one  tunnel, 
174  feet  in  length. 

The  alignment  is  good,  but  the  grades  are  more  abrupt  than 
on  the  preceding  Divisions,  owing  to  the  fact  that  we  are  re- 
stricted from  occupying  the  best  ground  in  that  direction  by 
the  intervening  boundary  of  the  State  of  Georgia. 

The  estimated  cost  of  this  Division,  as  located,  is  $648,282,- 
00,  (six  hundred  and  forty-eight  thousand,  two  hundred  and 
eighty-two  dollars.) 

It  may  be  well  to  remark,  in  relation  to  the  character  of  the 
country  through  which  the  line  passes,  that  it  is  one  of  consid- 
erable agricultural  and  very  great  mineral  resources.  The  val- 
ley of  the  Nantihala  is  a  narrow  one,  but  the  lands  are  exceed- 
ingly fertile,  and  much  of  the  mountain  land  is  susceptible  of 


WESTERN  NORTH-CAROLINA  RAILROAD.  47 

cultivation.  Upon  its  tributary  streams  are  bodies  of  rich 
land,  high  natural  meadows,  which  are  very  productive,  as 
there  are  also  upon  the  streams  emptying  into  the  Tennessee 
Kiver,  which  only  require  facilities  of  access  to  support  a  large 
population.  The  valley  of  Valley  or  Koneheteh  River,  from  a 
point  six  miles  from  its  source,  is  a  wide  one,  and  very  produc- 
tive :  in  many  places,  a  mile  or  a  mile  and  a  half  in  width  be- 
fore reaching  the  hill  slopes,  and  only  requires  good  cultivation 
to  supply  a  large  sui'plus  of  production.  The  same  may  be 
said  of  the  Hiwasse  valley. 

The  mineral  resources  are  very  great.  On  the  Nantihala 
Hiver  are  found  four  beautiful  varieties  of  marble ;  and  gran- 
ite and  limestone  in  abundance.  On  Valley  Eiver,  iron,  gold, 
silver,  soapstone  and  large  deposites  of  sienna ;  but  in  Jack- 
son county  there  are  found  three  distinct  veins  of  copper,  a 
short  distance  from  our  line.  Near  the  end  of  the  First  Divi- 
sion of  the  First  Section,  as  will  appear  by  the  accompanying 
Map,  they  have  been  but  partially  developed ;  but  enough  is 
known  to  satisfy  those  skilled  in  its  discovery,  that  it  is  there 
in  abundance,  and  of  good  and  rich  quality. 

From  the  preceding  statement  and  description  of  this  located 
road,  it  will  be  seen  that  the  distance  from  the  French  Broad 
Eiver  to  the  Tennessee  State  line,  is  135.47  miles,  ten  miles 
shorter  than  the  State  road,  and  is  estimated  to  cost  $4,873,- 
027,  (four  million,  eight  hundred  and  seventy-three  thousand 
and  twenty-seven  dollars,)  as  shown  by  the  following  tabular 
statement  of  the  respective  divisions,  to-wit : 

FIEST    DIVISION    OF    FIRST    SECTION. 

From  French  Broad  River  to  the  Western  Portal  of  Balsam  Tunnel.,  in 
Jackson  County.     Length.,  34.87  miles. 


For  Graduation,  Masonry  and  Bridge  Superstructure, 
10  per  cent,  on  the  above  for  Contingencies, 
^Engineering  and  General  Superintendence;   . 
Iron,  Chairs,  Spikes,  Cross-ties,  and  laying  Superstruc- 
ture,   

Total  cost, 


809,978  18 
80,997  82 
35,000  00 

278,960  00 


$1,204,936  00 


48 


WESTERN   NORTH-CAROLINA   RAILROAD. 


SECOND    DIVISION    OF    FIEST    SECTION. 

From  the  Western  Portal  of  Balsam  Tunnel  to  the  Tennessee  Rivo;  in 
Macon  County.     Length,  37.68  miles. 


For  Grraduation,  Masonry  and  Bridge  Superstructure, 
10  per  cent,  on  the  above  for  Contingencies, 
Engineering  and  General  Superintendence,     . 
Iron,   Cliairs,  Spikes,   Cross-ties  and   laying  Superstruc- 
ture,  

Total  Cost, 


[,034,769  83 

103,476  98 

37,680  00 

301,440  00 


,477,366  81 


FIEST    DIVISION    OF    SECOND    SECTION. 

From  Tennessee  River  to  Murphy,  in  Cherokee  County.  Length,  41.02  miles. 


For  Grraduation,  Masonry  and  Bridge  Superstructure, 
10  per  cent,  on  the  above  for  Contingencies, 
Engineering  and  General  Superintendence,^    . 
Iron,  Chairs,    Spikes,  Cross-ties  and  laying  Superstruc- 
ture,         


Total  cost. 


$1,066,602  00 

106,660  20 

41,020  00 

328,160  00 


$1,542,442  20 


SECOND    DIVISION    OF    SECOND    SECTION. 

From  Murphy  to  Tennnessee  Line,  near  Catvoneh,  or  Ducktown.     Length, 

21.9  miles. 


For  Graduation,  Masonry  and  Bridge  Superstructure, 
10  per  cent,  on  the  above  for  Contingencies,   . 
Engineering  and  General  Superintendence, 
Iron,  Chairs,  Spikes,  Cross-ties  and   laying  Superstructure, 

Total  cost,        .        .        .        .        . 


$410,166  20 

41,016  62 

21,900  00 

175,200  00 

$648,282  82 


WESTERN   NORTH-CAROLINA  R4ILROAD. 


49 


ESTIMATE 

Of  the  cost  of  limited  Equipment  for  the  Western  North  Carolina  Rail- 
road, from  AsheviUe  to  the  Tennessee  Line,  near  Cawoneh,  or  Ducldown, 
13.5i  miles. 


Eepair  Shops  and  Warehouses  at  termini, 

10  Locomotives  at  $9,500,     . 

8  Passenger  Cars  at  $2,500,      . 

4  Baggage  Cars  at  $1,600,     . 

370  Freight  Cars  at  $650, 

40  Gravel  Cars  at  $500, 

Warehouse,  Wood  and  Water  Stations, 


Total  cost. 


$100,000  00 
95,000  00 
20,000  00 
6,400  00 
175,500  00 
20,000  00 
40,500  00 


$457,400  00 


SUMMARY 

Of  the  cost  of  the  Western  North  Carolina  Railroad,  from  Asheville,  or 
mouth  of  Sioannona  River,  to  the  Tennessee  State  Line,  near  Cawoneh 
or  Ducktown.     Distance,  135.47  miles. 


LENG  H 
IN   MILES. 

1st.  Division  of  1st.  Section, 

2d         (c            u            u               ... 

1st.        "        of  2d.        "       '.".". 
2d.        "            "            "       .        .        .        . 

34.87 

37.68 
41.92 
21.90 

$1,204,936  00 
1,477,366  81 
1,542,442  20 

648,282  82 

Total,    ...... 

135.47 

$4,873,027  83 

Cost  per  mile,  $35,971  27. 
Total  cost  of  Graduation  and  Construction  for  135i  miles,  $4,873,027  83 
Cost  of  Equipment, 457,400  00 


Total  cost. 


),330,427  83 


50  WESTERN   NORTH-CAROLINA   RAILROAD. 

Thus  it  is  shown  that  135 J  miles  of  road  cost  $4,873,027.00; 
but  by  reference  to  the  Maps  of  survey  herewith  accompanying 
this  report,  it  will  be  seen  that  the  line  from  Asheville  to 
Cawoneh  or  Ducktown  is  very  direct ;  and  that  by  running 
down  the  Tuckasegee  to  its  junction  with  the  Tennessee,  we 
could  have  increased  the  distance  without  perhaps  materially 
increasing  the  cost ;  so  that  whilst  the  line  as  located,  cost 
$35,971  per  mile,  it  might  have  been  so  located  as  to  cost  only 
$33,600  per  mile,  and  then  not  make  the  distance  greater  than 
by  the  State  road. 

It  may  not  be  improper  here  to  remark  that  the  very  liberal 
allowance  for  rock  throughout  the  whole  line  has  very  materi- 
ally increased  the  estimate  over  what  we  have  good  reason  to 
believe  it  will  turn  out  upon  construction ;  but  believing  it 
always  better  to  present  the  dark  as  well  as  the  bright  side  of 
the  subject,  the  estimate  provides  for  the  worst  possible  con- 
tingencies, not  only  in  regard  to  quality  of  material,  but  the 
quantities  and  their  prices.  The  cost  of  this  line  of  135|  miles 
of  road  being  $35,971  per  mile,  may  be  alarming  to  some ;  yet, 
let  us  compare  its  cost  with  that  of  other  roads  in  our  sister 
States,  which  have  either  been  built,  or  are  now  being  built. 

The  Virginia  and  Kentucky  Kailroad,  of  131|  miles  is  esti- 
mated to  cost  $38,000  per  mile.  The  Blue  Eidge  Railroad  of 
195  miles,  $39,613  per  mile ;  whilst  the  Covington  and  Ohio 
Railroad,  221  miles,  now  under  construction,  will  cost  $47,000 
per  mile.  If  the  construction  of  these  roads  will  justify  this 
expenditure,  will  not  a  great  national  line  of  travel,  and  the 
development  of  such  a  country,  warrant  the  construction  of 
this  road  at  the  estimated  cost  ? 

The  portion  of  the  State  situated  "West  of  the  Blue  Ridge, 
is  larger  than  some  of  the  States  of  this  Union ;  it  is  properly 
the  New  England  of  the  South — a  soil  more  fertile,  productions 
of  the  soil  the  same,  mineral  productions  far  superior ;  water 
power  for  manufacturing  purposes  equal,  if  not  superior ;  a 
climate  more  salubrious,  because  free  from  the  evil  effects  of 
extremes  of  heat  and  cold. 

Shall  a  country  with  such  remarkable  characteristics  remain 


WESTERN   NORTH-CAEOLINA   EAILROAD.  51 

in  a  state  of  nature,  and  go  undeveloped  for  want  of  a  railroad  ? 

At  the  western  terminus  of  this  line  is  situated  the  mining 
district  of  Ducktown,  at  present  cut  off  from  railway  facilities, 
but  containing  a  population  of  over  four  thousand  inhabitants. 
The  yield  from  these  mines  in  one  year  was  29,000  tons  of 
copper  ore,  worth  in  the  New  York  market,  $1,218,000. 

The  cost  of  transportation  of  these  vast  quantities,  together 
with  the  supplies  rendered  necessary  for  their  production,  is  an 
item  of  no  small  magnitude.  An  intelligent  captain  of  one  of 
the  mines  gave  me  satisfactory  reasons  why  this  product  would 
be  most  likely  to  pass  over  our  road ;  but  should  the  mines  of 
Jackson  county  yield  as  abundantly  as  is  expected  their  devel- 
opment will  prove,  these  vast  quantities  will  certainly  seek  a 
market  over  this  road.  Then,  besides  the  enhanced  value  of 
property  in  this  pent  up  region  of  our  State,  the  advantages  in 
distance  and  location  over  competing  routes,  will  ensure  to  this 
road  a  full  share  of  the  travel  from  the  West,  whilst  it  gives 
us  the  whole  South-western  travel,  which,  with  the  transporta- 
tion of  the  mails,  promises  fairly  to  bring  a  revenue,  not  only 
to  the  stockholders,  but  the  State. 

GEADES. 

An  inspection  of  the  profile  of  our  location  discloses  the  fact, 
that  we  have  adopted  as  a  maximum  grade  for  crossing  the 
mountains,  116  feet  per  mile ;  and  lest  some  of  the  uninformed 
upon  this  subject  may  question  its  propriety,  I  will  state  that, 
without  going  into  a  studied  disquisition  on  the  subject,  experi- 
ence, that  grand  regulator  of  the  improvements  of  the  age, 
justifies  its  adoption.  The  evidence  of  this  is  found  in  the 
working  of  some  of  the  great  lines  of  railways  connecting  the 
Atlantic  cities  with  the  fruitful  valleys  of  the  West.  The 
Baltimore  and  Ohio  Eailroad  has  this  grade  for  twenty  con- 
secutive miles,  over  which  they  successfully  travel,  with  both 
freight  and  passenger  trains. 

In  Europe,  many  of  the  roads  have  still  heavier  grades, 
ranging  from  117  to  142  feet  per  mile,  as  found  on  the  Birming- 
ham and  Gloucester  Kailway.  On  the  East  Lancashire  Eail- 
4 


52  WESTERN  NORTH-CAROLINA   RAILROAD. 

road,  the  grade  is  126.9  feet  per  mile,  yet,  upon  it  a  passenger 
train  runs  at  nearly  twenty  miles  per  hour.  I  therefore,  feel 
very  confident  that  in  the  adoption  of  this  grade,  with  the 
improvements  that  have  been  made,  and  are  still  being  made, 
in  the  Locomotive  and  other  rolling  stock,  that  it  is  the  best 
economy. 

It  may  be  well  here  to  state,  that  although  the  road  is  only 
located  to  the  Tennessee  line,  near  Cawoneh,  it  is  yet  45  miles 
from  Railroad  connection,  but  I  am  able  to  inform  you  of  the 
gratifying  fact,  that  for  the  link  still  remaining  to  connect  us 
with  the  Georgia  and  Tennessee  Eailroad  at  Cleveland,  Ten- 
nessee, a  charter  has  been  obtained,  a  company  formed  to  build 
the  road,  and  under  the  authority  of  T.  H.  Calloway,  Esq.,  as 
President  of  the  Company,  I  now  have  a  corps  of  Engineers 
engaged  in  the  field,  making  the  necessary  surveys  for  its  con- 
struction. This  done,  we  have  a  direct  and  continuous  road  of 
1036  miles  to  Little  Rock,  Arkansas,  from  Portsmouth, 
Virginia.  So  much  for  our  Western  connections,  but  this  is 
only  the  beginning  of  the  end;  observe  the  Map,  and  you  will 
see  this  is  only  the  commencement  of  this  great  national  high- 
way, which  is  2499  miles  in  length,  and  presents  nearly  an  air 
line  from  Portsmouth,  on  the  Atlantic,  to  San  Diego,  on  the 
Pacific.  Then,  is  it  more  improbable  that  this  whole  line  should 
be  completed  through  to  San  Diego,  during  the  present  genera- 
tion, than  that  within  the  last  24  years,  the  789  miles  already 
built,  and  now  in  operation,  should  have  been  built,  for,  gentle- 
men, let  me  tell  you,  I  witnessed  in  1828,  now  32  years  ago, 
the  laying  of  the  corner  stone  of  the  great  Baltimore  and  Ohio 
Railroad.  There  were  then,  not  more  than  three  miles  of 
Railroad  in  the  United  States,  but  now  that  road  of  379  miles 
has  been  completed,  and  there  are  now  in  the  Union  about 
30,000  miles  of  Railroad  built  and  in  operation. 

But,  again,  we  shall  also  be  in  direct  communication  with 
Mobile,  Pensacola,  New  Orleans,  and  the  intervening  cities,  by 
the  construction  of  the  road  now  projected  from  Ducktown  to 
Dalton,  connecting  by  the  Dalton  and  Jacksonville  Railroad, 
now  in  progress,  and  I  am  authorized  to  say,  that  connection 
will  be  made. 


WESTERN   NORTH-CAROLINA   RAILROAD. 


53 


On  inspection  of  the  Map,  carefully  compiled  from  actual 
surveys,  and  the  best  railroad  information  to  be  had,  which 
affords  me  great  pleasure  to  present,  exhibits  the  fact,  that  we 
have  the  shortest  and  most  direct  route,  in  the  line  of  travel 
from  the  South-west,  as  will  more  fully  appear  from  the  accom- 
panying Table  of  Distances : 


TABLE    OF    DISTANCES 

From  Memphis,  Tennessee,  to  Norfolk,  Virginia,  via  Western  North  Caro- 
lina Railroad  and  connections. 


STATIONS. 

INTERMEDIATE. 

TOTAL  MILES. 

From  Memphis  to 

Chattanooga,  Tennessee, 

309 

309 

Cleveland,  Tennessee,    .... 

28 

337 

State  Line,       .        .    _    . 
Ashevi^e,  North  Carolina,     . 

42 

379 

135 

514 

Salisbury,  North  Carolina, 

138 

652 

Strayhorn's,  N.  C,  via  Henderson, 

97 

749 

Weldon,  via  Ridgeway,  N.  C, 

87 

836 

Norfolk,  Virginia,         .... 

80 

916 

TABLE   OF    DISTANCES 

From  Memphis,  Tennessee,  to  Norfolk,  Virginia,  via  Morristown  and  Ashe- 
ville,  French  Broad  Railroad  and  connections. 


STATIONS. 

INTERMEDIATE. 

TOTAL  MILES. 

From  Memphis  to 

Cleveland,  Tennessee,       .        .        •        . 

337 

387 

Knoxville,  Tennessee,    .... 

83 

420 

Morristown,  Tennessee,     .... 

41 

461 

Asheville,  North  Carolina,     . 

90 

551 

Norfolk,  Virginia,     .         ;         .         .        . 

402 

953 

54 


WESTERN   NORTH-CAROLINA   RAILROAD. 


TABLE    OF    DISTANCES 

From  Memphis,  Tennessee,  to  Norfolk,  Virginia,  via  Virginia  and  Tennes- 
see Railroad  and  connections. 


STATIONS. 

INTERMEDIATE. 

TOTAL   MILES. 

Fro7n  Memphis  to 

Cleveland,  Tennessee,       .... 
Knoxville,  Tennessee,   .... 

Bristol,  Tennessee, 

Lynchburg,  Virginia,     .... 

Petersburg, 

Norfolk,  Virgnia,           .... 

337 

83 
130 
204 
123 

80 

337 

420 
550 
780 
877 
957 

TABLE    OF    DISTANCES 

Fro7n  New  Orleans  to  Norfolk,  via  Weatern  North  Carolina  Railroad  and 

connections. 


From  New  Orleans  to 

Mobile,     .... 

Selma, 

Pensacola, 

Jacksonville, 

Dalton 

State  Line,  near  Ducktown, 
Norfolk,    .... 


INTERMEDIATE.  TOTAL    MILES. 


139 

139 

1.50 

289 

1.50 

144 

433 

88 

521 

33 

554 

537 

1091 

I  trust  I  shall  not  be  considered  as  being  too  extravagant  in 
language,  when  I  say  that  such  a  line  of  railroad  as  this  survey- 
has  disclosed,  is  perhaps  amongst  the  remarkable  things  of  the 
age ;  for  towering  amongst  the  mountain  ranges  through  which 
this  line  passes,  are  some  of  the  highest  peaks  east  of  the 
Rocky  Mountains.  Nature  has  done  much  towards  marking 
■out  this  great  highway,  for,  although  we  pass  four  distinct 
ranges  of  mountains,  to-wit:  the  Newfound,  Balsam,  Cowee, 
and  the  Nantihala,  and  have  fourteen  tunnels,  in  all,  we  require 
•only  5,977  feet  of  subterraneous  road. 

This  land-locked  region,  now  far  remote  from  the  shrill 
whistle  of   the  locomotive,  is  not  only  beautifully  diversified 


WESTERN  NORTH-CAROLINA  RAILROAD.  55 

with  hill-toiDS  and  mountain  glens,  but  its  valleys,  its  liill  sides 
and  mountain  tops,  are  rich  and  productive,  whilst  the  thou- 
sand streams  gurgling  from  the  mountain  sides,  in  their  united 
volume  roll  rapidly  down,  thus  affording  for  themselves  as  well 
as  the  rivers  they  contribute  to  swell,  a  sufficient  amount  of 
water-power  for  immense  manufacturing  purposes.  Added  to  all 
this,  the  salubrity  of  the  climate  and  the  generaHiealthfulness 
of  the  whole  country,  would,  when  facilities  of  access  are 
opened  up,  render  these  mountain  fastnessess,  glens  and  hill 
tops  most  desirable  summer  retreats  from  the  malaria  and 
scorching  sun  of  the  low  country. 

Between  the  road  to  Cawoneh  and  that  to  Paint  Eock,  the 
difference  in  cost  is  greatly  in  favor  of  the  Paint  Eock  line; 
for  the  distance  to  the  Tennessee  line  at  Paint  Eock,  is  only 
one-third    of   that  from  Asheville  to    Cawoneh.     The    Caw- 
oneh line,  however,  passes  90  miles  further  through  North 
Carolina  territory,  and  developes  more  of  its  resources;  yet, 
whilst  it  would  cost  less  to  the  State  or  Company  to  build  the 
main  trunk  of  the  road  to  Paint  Eock,  rather  than  to  Cawoneh, 
it  would  not  accomplish  the  purpose  designed  by  the  friends  of 
this  improvement,  nor  make  the  most  direct  connection  between 
I  common  points,  and  thereby  fail  to  secure  through  travel,  the 
I  source  of  the  greatest  revenue  to  the  road.    The  route  by  Paint 
■■  Eock  to  Cleveland,  is  37  miles  longer  than  by  Cawoneh,  and 
the  travel  over  the  present  route,  would  not  probably  leave  it 
for  a  longer  road. 

Then,  for  the  reason  that  the  Cawoneh  route  developes  a 
large  section  of  the  State,  rich  in  agricultural  and  mineral 
resources,  saving  37  miles  over  the  Paint  Eock  Hne,  and  42 
miles  over  any  other  line;  making  nearly  an  air-line  from  Nor- 
folk to  Memphis,  and  an  important  link  in  a  direct  line  of 
Eailroad  from  the  Atlantic  "to  the  Pacific,  as  well  as  securing 
by  its  Southern  connections  from  Cawoneh,  the  travel  from  the 
cities  of  Mobile,  Pensacola,  New  Orleans  and  the  whole  South- 
west, it  is,  in  my  opinion,  not  only  the  interest  of  this  Com- 
pany, but  of  the  State  to  adopt  the  Cawoneh  line. 

And,  now  in  conclusion,  permit  me  to  add  that  to  the  zeal, 


56  WESTEEN   NORTH-CAROLINA   RAILROAD. 

fidelity,  industry  and  intelligence  of  Mr.  S.  W.  Prestman  and 
B.  H.  Lee,  as  Principal  Assistant  Engineers,  as  well  as  the 
young  gentlemen  associated  with  them,  in  conducting  these  sur- 
veys, I  am  greatly  indebted. 

I  have  the  honor  to  be,  gentlemen, 

Very  respectfully  your  obed't  serv't, 

JAMES   0.  TUENER, 
Chief  Engineer  W.  N.  C.  B.  JR. 


WESTERN   NORTH-CAROLINA   RAILROAD. 


57 


TABLE 

Of  Bridges,  Viaducts  and  Arch  Culverts  on  the  First  Division  of  the  First 
Section,  from  the  French  Broad  River  to  the  Western  Portal  of  Balsam 
Tunnel,  Jackson  County. 


<u      6 

a  e.~ 
cS  S  > 

Character 

.a 
_fcp 

Name  of  Stream. 

of 

Structure. 

Ft. 

423 

Ft. 

Miles. 

c      S' 

French  Broad  River, 

0.00 

Wooden  Truss, 

23 

3  of  103 

Branch  French  Broad  No.  1, 

1.65 

Arch  Culvert, 

118 

1  of      6 

"_      No.  2, 

2.01 

a 

109 

1  of      8 

1st  Crossing  Hominy  Creek, 

2.21 

Stone  Viaduct, 

175 

42 

2  of    50 

2nd        "              "           " 

2.86 

Wooden  Truss, 

112 

20 

1  of    75 

1st         "       Ragsdale  Creek, 

4.13 

Arch  Culvert, 

19 

1  of      8 

2nd 

4.32 

li 

25 

1  of      8 

3d          "             "            " 

4.60 

n 

28 

1  of      8 

3d          "       Hominy  Creek, 

5.29 

Stone  Viaduct, 

127 

30 

I  of    60 

4th 

5.93 

Trussed  Girder, 

72 

13 

1  of  100 

5th 

6.69 

Wooden  Truss, 

148 

21 

1  of    60 

6th         " 

6.80 

Trussed  Girder, 

92 

24 

1  of    20 

Pole  Creek 

7.36 

Girder, 

48 

18 

lof    60 

7th  Crossing  Hominy  Creek, 

7.60 

Trussed  Girder, 

98 

22 

1  of    60 

8th         "              "           " 

7.79 

u 

101 

21 

1  of      6 

Branch  of  Hominy  No.  1,  . 

7.98 

Arch  Culvert, 

55 

1  of    50 

9th  Crossing  Hominy  Creek, 

8.66 

Trussed  Girder, 

95 

21 

1  of    50 

10th      " 

8.83 

u 

78 

24 

1  of    50 

11th      •'   * 

8.94 

11 

78 

12 

1  of    50 

12th      "             "            " 

9.04 

11 

62 

11 

1  of    50 

13th      " 

9.45 

11 

78 

17 

1  of    50 

14th      " 

10.38 

1 1 

62 

10 

lof    75 

15th      " 

10.76 

11 

62 

11 

1  of    50 

16th       " 

11.15 

Wooden  Truss, 

119 

17 

1  of    50 

17th      " 

11.35 

Trussed  Girder, 

94 

10 

1  of    50 

18th       " 

11.48 

11           ' 

78 

13 

1  of    50 

Branch  of  Hominy  No.  2,  , 

11.69 

Arch  Culvert, 

28 

1  of      6 

19th  Crossing  Hominy  Creek, 

12.26 

Trussed  Girder, 

76 

17 

1  of    50 

20th        "              "          " 

12.39 

11 

80 

18 

1  of    50 

21st         "              "          " 

12.65 

u 

134 

12 

2  of    50 

22d          "               "          " 

12.79 

11 

87 

17 

1  of    50 

23d 

12.98 

11 

86 

18 

1  of    50 

24th        "               "          " 

13.09 

(1 

78 

13 

1  (5f    50 

Mill  Creek,      . 

15.42 

Wooden  Truss, 

405 

84 

2  of  160 

Pigeon  River, 

16.95 

11          ' 

268 

22 

2  of  125 

Patton's  Branch,     . 

19.30 

Arch  Culvert, 

58 

29 

1  of    10 

Branch  of  Pigeon  No.  1,     . 

26.86 

Girder, 

42 

16 

lof    10 

"      No.  2, 

21.25 

u 

44 

16 

1  of    12 

Coon  Creek, 

24.93 

Stone  Viaduct, 

130 

30 

1  of    50 

1st  Crossing  Richland  Creek, 

2d         "             "            " 

25.29 
25.44 

Trussed  Girder, 

11           ' 

106 
92 

21 
11 

lof    50 
1  of    50 

3d         "             "            " 

28.28 

Girder, 

35 

5 

1  of    20 

Ailen's  Branch, 

28.83 

11     ' 

35 

5 

1  of    20 

Branch  of  Richland,  . 

31.10 

Arch  Culvert, 

84 

34 

lof      6 

58 


WESTERN   NOETH-CAROLINA   EAILROAD. 


TABLE 

Of  Bridges,  Viaducts  and  Arch  Culverts  on  the  Second  Division  of  the 
First  Section,  from  the  Western  Portal  of  Balsam  Tunnel,  to  the  Ten- 
nessee River,  Macon  County. 


Name  of  Stream. 


Balsam  Creek, 

North  Fork, 

Buff  Creek,     . 

1st  Crossing  Scott's  Creek, 

Allen's  Mill  Creek,     . 

Branch  of  Scott's  Creek, 

2d  Crossing  Scott's  Creek, 

2d 

1st       "       Tuckasegee  River, 

2d        '.'  "  " 

Camp  Creek,  . 

Branch  of  Tuckasegee  No.  1, 

No.  2, 
Oconee  Lufteh,  . 
Branch  of  Tuckasegee  No.  3, 

No.  4, 
Deep  Creek, .... 
3d  Crossing  Tuckasegee  River, 
Branch  of  Tuckaseeee  No.  5, 

"      of  Alarka  Creek, 
1st  Crossing  Alarka  Creek, 

2d         

3d 

4th 

5th 

6th 

7th 

8th 

9th 

10th 

11th 

12th 

13th 


2S- 


Miles. 


35.59 

39.25 

40.50 
41.40 
40.17 
43.26 
45.15 
46.69 
48.26 
48.64 
54.40 
54.83 
56.78 
58.51 
59.20 
59.86 
63.10 
63.56 
65.10 
67.00 
67.71 
67.88 
69.01 
69.43 
69.55 
69.78 
69.89 
69.89 
70.44 
70.57 
70.92 
71.10 
71.00 


Character 

of 
Structure. 


Arch  Culvert, 
Wooden  Truss, 
Arch  Culvert, 

u 

Girder, 
Arch  Culvert, 
Wooden  Truss, 
Trussed  Girder, 

Wooden  Truss, 

I. 

Girder, 

Arch  Culvert, 

(( 

Wooden  Truss, 
Girder, 
Arch  Culvert, 
Wooden  Truss, 

Girder, 

Stone  Viaduct, 


Wooden  Truss, 


Stone  Viaduct, 

u 

Wooden  Truss, 
Trussed  Girder, 


to 
a 
m 

1 

Ft. 

Ft. 

208 

646 

190 

120 

43 

78 

20 

28 

150 

14 

98 

21 

306 

28 

313 

51 

42 

12 

28 

22 

204 

24 

30 

8 

37 

128 

18 

338 

19 

36 

10 

11 

5 

122 

22 

130 

32 

130 

32 

162 

39 

170 

42 

192 

53 

192 

50 

167 

45 

208 

37 

123 

32 

170 

46 

172 

44 

92 

20 1 

03      Ecj 
•        60 


lof     6 

1  of  200 

2  of  160 
1  of  15 
1  of  10 
1  of  20 
1  of  6 
1  of  120 
1  of  50 

1  of  120 

2  of  100 
1  of  10 
lof  6 
1  of  8 
1  of  150 
1  of  10 
1  of  10 

1  of  100 

2  of  150 
1  of  10 
lof 
lof 
lof 
lof 
lof 
lof 
1  of  100 
1  of  100 
1  of  100. 
1  of  100 
4  of  50 
1  of  50 
1  of  100 
1  of  50 


6 
50 
50 
50 
50 
50 


WESTERN   NOETH-CAROLINA  RAILROAD. 


59 


TABLE 

Of  Bridges^  Viaducts  and  Arch  Culverts  on  the  First  Division  of  the  Sec- 
ond Section,  from  the  Tennessee  River  to  Murphy,  in  Cherokee  County. 


Name  of  Stream. 


1st  Crossing  Tennessee  River, 

3d        "  " 

Siler's  Branch, 

1st  Crossing  Nantihala  River, 

9  J  u  J ;  <  t 

3d 

Master  Hollow,  . 

Jarrett's  Creek, 

North  Fork  of  Valley  River, 

Junaluskee  Creek, 

Francis'  Creek, 

1st  Crossing  of  Valley  River, 

Morris'  Creek,    . 

Welch's  Creek, 

2d  Crossing  Valley  River,  . 

3d 

4th      "  "         " 

Vengeance  Creek,  . 

5th  Crossing  Valley  River, 

Colbert's  Creek, 


Miles. 


72.55 
72.91 

73.31 

73.86 
76.90 
77.83 
77.96 

85.03 

85.45 

89.57 

95.62 

96.67 

98.69 

100.48 

101.34 

101.89 

102.23 

102.42 

103.44 

104.50 

106.58 


Character 

of 
Structure. 


Wooden  Truss, 


Arch  Culvert, 
Wooden  Truss, 


Iron  Truss, 

Wooden  Truss, 
Arch  Culvert, 
Girder, 

Wooden  Truss, 
Grirder, 

Wooden  Truss, 


Girder, 

Wooden  Truss, 
Girder, 


a 

Ft. 

Ft. 

400 

28 

454 

24 

454 

19 

34 

352 

13 

172 

23 

157 

15 

420 

163 

400 

98 

70 

58 

16 

63 

17 

192 

16 

28 

8 

28 

8 

190 

19 

163 

19 

234 

20 

76 

20 

175 

23 

51 

14 

ft   ^ 


3  of  125 

1  of  150) 

2  of  125  ) 

1  of  150) 

2  of  125  j 
lof     6 
5  of   60 
1  of  125 
1  of  125 

1  of  168) 

2of96H 

2  of  157 
lof     8 


lof 
lof 
3  of 
lof 
lof 
1  of  150 

1  of  125 

2  of  100 
lof  15 
1  of  125 
lof   15 


60 


WESTERN    NORTH-CAROLINA    RAILROAD. 


TABLE 

Of  Bridges^  Viaducts  and  Arch  Cidverts  on  the  Second  Division  of  the 
Second  Section,  from  Murphy  to  the  Tennessee  State  line,  near  Oawoneh 
or  Duchtown. 


g  i 

.a 

m       Q 

a     (o 

S  2r 

c3     Ea 

|og 

Character 

s 

.Sf 

^     ^ 

Name  of  Stream. 

■"■^"S 

of 

vA 

w 

="  S'rt 

ft    < 

Structure. 

o  =^5 

Miles. 

Ft. 

Ft. 
36 

6th  Crossing  Valley  River, 

111.94 

Stone  Viaduct, 

199 

2  of   60 

Hiwasgee  River, 

112.15 

Wooden  Truss, 

398 

48 

2  of  150 

Roland's  Mill  Creek,   . 

114.94 

Arch  Culvert, 

91 

1  of   10 

Notteleh  River, 

119.48 

Wooden  Truss, 

194 

22 

1  of  150 

Branch  of  Notteleh,  . 

126.28 

Arch  Culvert, 

118 

1  of     8 

Persimmon  Creek,  . 

125.65 

(( 

36 

1  of   15 

1st  Crossing  Wolf  Creek, 

129.48 

u 

99 

1  of   15 

2d 

133.87 

u 

136 

1  of   10 

WESTEEN   NORTH-CAROLINA   RAILROAD. 


61 


GRADES 

On  the  First  Division  of  the  First  Section,  from  the  French  Broad  River, 
to  Westei-n  Portal  of  Balsam  Tunnel,  Jackson  County. 


FEET. 

MILES. 

Length  of  Division, 

184,100 

34.87 

Length  of  Level  Grade, 

21,900 

4.148 

Length  of  Grades  Ascending  Westward : 

From  0  to    10  feet  per  mile, 

3,000 

05.68 

10  to    20        .         .         . 

2,700 

0.512 

20  to     30 

6,100 

1.156 

30  to    40 

13,300 

2.519 

40  to     50 

8,300 

1.573 

50  to     60 

10,700 

2.023 

60  to    70 

19,300 

3.656 

70  to    80 

20,200 

3.826 

80  to    90 

14,000 

2.652 

90  to  100 

11,300 

2.140 

100  to  116 

16,200 

3.068 

Total  Ascent,  1454  feet, 

125,100 

23.693 

Length  of  Grades  Descending  Westward  : 

From  0  to    10  feet  per  mile. 

10  to    20 

20  to    30 

7,100 

1.345 

30  to    40 

•              40  to    50 

2,500 

0.473 

50  to    60 

3,000 

0.568 

60  to     70 

2,200 

0.417 

70  to    80 

5,900 

1.117 

80  to    90 

10,500 

1.989 

90  to  100 

100  to  116 

5,904 

1.120 

Total  Descent,  419  feet, 

37,104 

7.029 

Sum  of  Ascent  and  Descent,  1873  feet. 
Average  Grade  per  mile,  53  8-10  feet. 
Curvature,  2,382  degrees,  4  minutes. 


62 


WESTEEN   NORTH-CAEOLINA   RAILROAD. 


GRADES 


On  the  Second  Division  of  the  First  Section,  from  the  Western  Portal  of 
Balsam  Tunnel,  to  Tennessee  River,  Ma£on  Cottnty. 


FEET. 

MILES. 

Length  of  Division, 

199,000 

37.68 

Length  of  Level  Grrade, 

22,200 

4.203 

Length  of  Gri-ades  Ascending  Westward : 

From  0  to    10  feet  per  mile, 

2,600 

0.493 

10  to    20        .        ... 

5,000 

0.946 

20  to     30 

4,000 

0.758 

30  to    40 

3,200 

0.606 

40  to     50 

50  to    60 

2,000 

0.379 

60  to    70 

70  to    80 

4,000 

0.758 

80  to    90 

3,300 

0.625 

90  to  100        

100  to  116 

6,800 

1.288 

Total  Ascent,  244  feet,     .... 

30,900 

5.663 

Length  of  Grades  Descending  Westward : 

From  0  to     10  feet  per  mile. 

17,900 

3.390 

10  to    20 

7,700 

1.458 

20  to     30     .         . 

21,700 

4.110 

30  to    40 

7,600 

1.439 

40  to     50    . 

11,300 

2.140 

50  to    60 

14,200 

2.689 

60  to     70 

7,200 

1.364 

70  to     80 

80  to     90 

4,800 

0.909 

90  to  100        

8,500 

1.610 

100  to  116 

45,000 

8.685 

Total  Descent,  1,780  feet. 

145,000 

27.814 

Sum  of  Ascent  and  Descent,  2,024  feet. 
Average  Grade  per  mile,  53.8  feet. 
Curvatm'e,  5,161  degrees,  48  minutes. 


WESTERN  NORTH-CAROLINA   RAILROAD. 


63 


GRADES 


On  the  First  Dirnsion,  of  the  Second  Section,  frotn  the  Tennessee  River  to 
Murphy,  Cherokee  County. 


, 

FEET. 

Mir,£S. 

Length  of  Division, 

216,600 

41.018 

Length  of  Level  Grade, 

17,600 

3.333 

Length  of  Grades  Ascending  Westward  : 

From  0  to    10  feet  per  mile, 

7,100 

] .  345 

10  to    20 

1,900 

0.360 

20  to     30 

14,400 

2.727 

30  to    40        .         . 

25,000 

4.735 

40  to     50 

50to    60 

60  to     70 

8,500 

1.610 

70  to    80 

2,500 

0.473 

80  to    90 

15,700 

2.969 

90  to  100 

100  to  116 

23,600 

4.469 

Total  Ascent,  1,153  feet, 

98,700 

18.688 

Length  of  Grades  Descending  Westward  : 

From  0  to    10  feet  per  mile, 

10  to    20 

9,900 

1,875 

20  to     30 

19,900 

3.767 

30  to    40 

5,700 

1.082 

40  to    50 

7,800 

1.479 

50  to    60 

2,500 

0.473 

60  to    70 

4,000 

0.758 

70  to    80 

19,900 

3.767 

SO  to    90    .         .         . 

7,600 

1.440 

90  to  100 

100  to  116    .         . 

23,000 

4.356 

Total  Descent,  1,055  feet. 

100,300 

18.997 

Sum  of  Ascent  and  Descent,  2,207  feet. 
Average  Grade  per  mile,  53  8-10  feet. 
Curvature,  4,102  degrees,  39  minutes. 


64 


WESTERN    NOETH-CAROLINA    EAILROAD. 


GE ADES 

On  the  Second  Division  of  the  Second  Section,  from  Muri^hy  to  Tennessee 
State  Line,  near  Cawoneh  or  Duchtown. 


FEET. 

MILES. 

Length  of  Division, 

115,643 

21.90 

Length  of  Level  Grade, •      . 

11,630 

2.203 

Length  of  Grades  Ascending  Westward  : 

From  0  to    10  feet  per  mile, 

4,200 

0.796 

10  to    20 

20  to     30 

30  to    40 

40  to     50 

50  to     60 

2,100 

0.398 

60  to    70    . 

2,800 

0.530 

70  to     80 

9,800 

1.856 

80  to     90 

8,943 

1.694 

90  to  100        

13,200 

2.500 

100  to  116     ....         . 

20,070 

3.801 

Total  Ascent,  998  feet,     .... 

61,113 

11.575 

Length  of  Grades  Descending  "Westward  : 

From  0  to    10  feet  per  mile. 

10  to    20 

2,900 

0.549 

20  to     30 

30  to    40 

40  to    50 

50  to     60 

2,800 

0.531 

60  to     70 

4,700 

0.664 

70  to    80 

3,500 

0.889 

80  to    90 

600 

0.110 

90  to  100 

100  to  116 

28,400 

5.379 

Total  Descent,  757  feet 

42,900 

8,122 

Sum  of  Ascent  and  Descent,  1,755  feet. 
Average  Grade  per  mile,  80. 1  feet. 
Curvature,  2,242  degrees,  26  minutes. 


WESTERN   NORTH-CAROLINA    RAILROAD. 


65 


STATEMENT  OF  ALIGNMENT 

•om   French   Broad  River  to  Tennessee  State  Line,    near    Caiconeh  or 
DucJctown. 


a 

a 

o 

o 
o 

> 

m 

« 

1 

1 

1 

2 

2 

1 

2 

2 

Length  of 
Curve. 


Feet. 


79,606 

102,463 

80,665 

50,738 


Whole  Line, 


Miles. 


15.08 

19.41 

15.28 

9.61 


59.38 


Length  of 
Straight  Line. 


Feet. 


104,494 
96,537 

135,935 
64,905 


Mil*' 


19.79 
18.27 
25.74 
12.29 

76.09' 


Percentage  of     j     Total  Length. 


Curve. 


43.3 
51.5 
37.5 
43.9 


43.8 


Strt  L 


56.7 
48.5 
62.5 
56.1 


06.2 


Feet.     I  Miles. 


184.100 
199.000 
216.600 
115.643 


34.87 
37.68 
41.02 
21.90 


135.47 


TABLE 

Showing  the  Number,  Name,  Length,  Size,  CuUc  Yards,  and  Elevation 
above  Tide,  of  all  the  Tunnels. 


a 

a 
s 

o 

d 
.2 

o 
o 

m 

o 
6 

a 
.2 

"> 

ft 
o 
6 

Name  of  Tunnel. 

o    • 

°1 

^    .2 
o     W 

<4-.    O        . 

!2i 

Feet. 

Feet. 

Yards . 

Feet. 

Feet. 

Feet. 

1 

1 

Hominy, 

300 

21x15 

3,450 

2,578 

2,668 

90 

2 

1 

Balsam,     . 

1,750 

20,28F 

3,243 

3,411 

168 

3 

2 

Scott's  Creek,  No.  1 

110 

1,283 

2,931 

3,030 

98 

4 

2 

Scott's  Creek,  No,  2 

235 

2,740 

2,676 

2,803 

127 

5 

2 

North  Fork,      .      . 

350 

4,081 

2,614 

2,792 

178 

6 

2 

Scott's  Creek,  No.  3 

200 

2,333 

2,280 

2,403 

123 

7 

2 

Cowee, 

850 

9,911 

1,972 

2,268 

296 

8 

2 

Oconee  Lufteh, 

200 

2,332 

1,830 

1,942 

112 

9 

2 

Master  Hollow,     . 

92 

1,073 

2,263 

2,367 

104 

10 

2 

Devil's  Back  Bone, 

182 

2,123 

2,330 

2,445 

115 

11 

2 

Nantihala,     .     .     . 

180 

2,099 

2,342 

2,426 

84 

12 

2 

Che-o-ih,         .     . 

130 

1,518 

2,399 

2,490 

91 

13 

2 

Red  Marble,      . 

1,224 

14,280 

2,551 

2,686 

135 

14 

2 

2 

Persimmon,     . 
Total  L.  of  Tunnels. 

174 

2,030 

1,850 

1,948 

98 

5.977 

69,541 

66 


WESTERN   NORTH-CAEOLINA   RAILROAD. 


FRENCH  BROAD  DIVISION. 
Statement  of  Alignment  frovi  Swannanoa  River  to  Paint  Rock. 


Length  of  Curve. 

Length  of 
Straight  line. 

Per  Centage  of 

Total  Length. 

Feet. 

Miles. 

Feet. 

Miles. 

Curve. 

Straight  line. 

Feet. 

Miles. 

135,696 

25.7 

101,376 

19.2 

57.2 

42.8 

237,072 

44.9 

Total  Curvature,  5,476  degrees. 


TABLE 

Of  Meclmnical  Stnictures  from  the  Mouth  of  Swannanoa  Rive)-,  to  the 

Paint  Rock. 


• 

o 

i 

'^ 
«"  9-^-s 

-S 

Character 

°^tiS 

Name  of  Stream. 

5 

of 
Structure. 

H 
Ft. 

9 

^%^^ 

^i^.5. 

Miles. 

Xtl 

Branch,         .... 

2.6 

Stone  Viaduct,     . 

1  of    10 

French  Broad  River, 

3.8 

Bridge, 

15 

4  of  125 

Branch,        .... 

4.1 

Stone  Viaduct, 

10 

1  of    10 

Bruce' s  Creek,  . 

4.8 

Bridge, 

14 

1  of   40 

Branch,         .... 

5.2 

Stone  Viaduct, 

10 

1  of    10 

Branch, 

5.5 

li            (( 

9 

1  of    10 

Lee's  Mill  Creek, 

8.2 

((                       C( 

15 

1  of    10 

New  Found  Creek,  . 

9.0 

Bridge, 

14 

1  of   40 

Jenning's  Branch, 

11.2 

Cl 

10 

1  Of    30 

Connor's  Branch,     . 

12.7 

Stone  Viaduct, 

14 

1  of    10 

Branch, 

14.2 

U                       (C 

9 

1  of    10 

Branch,     .... 

14.7 

((                    u 

14 

1  of    10 

Sandy  Mush, 

17.1 

Bridge, 

19 

1  of  115 

Branch, 

18.3 

Stone  Viaduct, 

14 

1  of    10 

Branch,     .... 

18.7 

.1                    u 

9 

1  of    10 

Branch,         .... 

19.0 

u               u 

12 

1  of    10 

Pheasant  Branch, 

22.4 

((                    u 

12 

1  of    10 

Bailey's  Branch, 

24.5 

Bridge,     ; 

17 

1  of    30 

Bear  Creek,     . 

25.6 

{4 

11 

1  of    30 

Little  Pine  Creek, 

26.2 

U 

17 

1  of   60 

Paw-Paw  Creek,     . 

27.8 

Stone  Viaduct, 

15 

1  of    10 

Johnson's  Cove  Branch, 

29.8 

Bridge, 

20 

1  of    40 

Big  Pine  Creek, 

30.7 

(I 

23 

1  of  115 

Doe  Branch, 

33.2 

Stone  Viaduct, 

14 

1  of    10 

Raccoon  Branch, 

35.6 

(1 

7 

1  of    10 

Mountain  Island, 

36.6 

Bridge, 

10 

1  of    25 

Spring  Creek, 

38.8 

u 

13 

1  of    60 

River  Sluce, 

41.9 

Viaduct,   . 

12 

1  of    10 

Shut-in  Creek,' 

42.4 

Bridge, 

10 

1  of   40 

WESTERN  NORTH-CAEOLINA  RAILROAD. 


67 


TABLE 


Shoioing  the  Distance  aiid  Levels  above  tide  of  all  the  prominent  points 
from  Salisbury  to  the  Tennessee  line,  near  Cawoneh  or  Ducktown. 


Prominent  Points. 


Summit  between  Second  and  Third  Creeks 

Third  I'reek 

Statesville "..... ;"XV"r;"n'""i 

Summit  between  Back  and  Clark  s  Creeks 

Catawba  River 

Newton  

Connelly's  Gap 

Hunting  Creek 

Morgan  town 

Silver  Creek 

Muddy  Creek 

Still  House  Gap 

Marion 

Opposite  Carson's -. ....:^........ 

Summit  between  Cane  Creek  and  Newbury's  Fork., 

Point  Tunnel « 

Mill  Creek,  Fourth  Crossing 

Mill  Creek,  Eleventh  Crossing 

Birch  Ridge  Tunnel 

Mill  Creek,  Fourteenth  Crossing 

Lick  Log  Tunnel 

Big  Ridge  Tunnel 

Burgin  Tunnel 

Swannanoa  Tunnel 

French  Broad  River 

Hominy  Tunnel 

Pigeon  River •;v,:-v-,-—v->; i" 

Summit  between  Pigeon  River  and  Richland  Creek. 

Richland  Creek 

Balsam  Tunnel 

Scott's  Creek,  Third  Crossing 

Tuckasegee  River,  First  Crossing 

Cowee  Tunnel : 

Tuckasegee  River,  Second  Crossing 

Oconee  Lufteh  Tunnel 

Oconee  Lufteh  River 

Tuckasegee  River,  Third  Crossing 

Summit  beteen  Tuckasegee  and  Alarka  Creek 

Tennessee  River  at  Mouth  of  Alarka  Creek 

Tennessee  River,  Third  Crossing 

Nantihala  River,  First  Crossing 

Red  Marble  Tunnel 

Valley  Town 

Valley  River,  near  Murphy 

Murphy 

Hiwassee  River ....._^. 

Summit  between  Hiwassee  and  Notteleh  Kivers.... 

Notteleh  River 

Persimmon   Tunnel 

AVolf  Creek 

Newton's  Gap 

Tennessee  State  Line,  near  Cawoneh 


ill 


Miles. 


13.29 
14.58 
25..32 
29.90 
37.12 
49.00 
63-78 
73  27 
75  65 
78.05 
85.65 
91..35 
96.35 
101.65 
105.75 
109.62 
109.66 
113.66 
115.40 
115.71 
117.52 
117.75 
118.00 
119.15 
137.65 
1.54.25 
154.60 
155.73 
162.94 
171.46 
184.34 
185.93 
186.23 
186.29 
195.98 
196.85 
201.21 
204.51 
210.20 
210.96 
214.55 
225.63 
234.40 
249.49 
249.61 
249.80 
251.05 
257.13 
262^48 
267-13 
269.58 
273.12 


Miles. 


13.29 
1.29 

10.74 
4.58 
7.22 

11.78 

14.78 
9.49 
2.38 
2.40 
7.60 
5.70 
6.00 
5.30 
4.10 
3.87 
0.04 
4.00 
1.74 
0.31 
1.81 
0.23 
0.25 
1.15 

18.50 

16.60 
0.35 
1.13 
7.21 
8.52 

12.88 
1.69 
0.30 
0.06 
9.69 
0.87 
4.36 
3.30 
6.69 
0.76 
3.59 

11.08 
8.87 

15.09 
0.12 
0.19 
1.25 
7.08 
5.35 
4.65 
2.45 
3.55 


r^      O 


Feet. 


761 

827 

712 

940 

958 

762 

1,021 

1,269 

1,030 

1,140 

1,022 

1,090 

1,355 

1,425 

1,284 

1,510 

1,622 

1,510 

1,795 

2,220 

2,050 

2,243 

2,567 

2,495 

2  658 
1,977 
2,668 
2,577 
2,717 
3,588 
3,411 
l,9!-6 
1,9.52 
2,268 
1,929 
1,942 
1,794 
1,728 
1,985 
1,567 
1,601 
1,682 
2,686 
1,783 
1,513 
1,566 
1,514 
1,760 
1,541 
1,948 
1,705 
1,953 
1,818 


WESTERN  NORTH-CAROLINA   RAILROAD. 


TABLE 

Showing  the  Distances  and  Levels  above  tide  of  the  prominent  points, 
from  the  Mouth  of  the  Swannanoa  River  to  the  Paint  Rock. 


Prominent  Points. 

Distance 

from 

Swannanoa 

River. 

<o  a 

l-H 

o 

a  . 

O  01 
>  >- 

Cm 
O 

.2  a 

"S  o 
> '-' 

0)05 

Miles. 

Miles. 

Feet. 

Feet. 

Mouth  of  Swannanoa, 
New-Found  Creek,        .... 
Connor's  Branch,     .         .         .         . 
Sandy  Mush,        .        .        .        .        : 

Bear  Creek, 

Big-Pine  Creek,           .... 

Spring  Creek, 

Shut-in  Creek, 

Paint  Rock,     .,:... 

9.0 

12.7 

■    17.1 

25.6 

30.7 
38.8 
42.4 
44.9 

9.0 
3.7 
4.4 
8.4 
2.9 
8.1 
3.6 
2.5 

1,978 
18,71 
1,774 
1,715 
1,594 
1,516 
1,315 
1,280 
1,262 

1,991 
1,885 
1,788 
1,731 
1,605 
1,538 
1,528 
1,590 
1,261 

WESTEEN   NOETH-CAEOLINA   RAILROAD. 


69 


GEADES 
On  French  Broad  Division.,  from  Swannanoa  River  to  Paint  Eoclc. 


FEET. 

MILES. 

Lengtli  of  Division, 

237.277 

44.9 

Lengtli  of  Level  Grade, 

55.106 

10.4 

Length  of  Grade  Descending  Westward : 
From  0  to    10  feet  per  mile, 
10  to    20 
20  to     30     .         ... 

30  to    40 

40  to    50 

50  to     60 

12.300 
69,500 
54.900 
16.200 
20.971 
3,000 

2.3 
13.2 
10.4 
3.1 
4.0 
0.5 

Total  Length  of  Grades,  Descending  Westward, 
Total  Dpsppnt    fi75  fppt 

176.871 

33.5 

Length  of  Grades  Ascending  Westward  : 

From  0  to    10 

10  to    20 

20  to     30 

600 

4.600 

100 

0.114 

0.871 
0.019 

Total  Length  of  Grades  Ascending  Westward, 
Total  Ascent,  12  feet. 

5.300 

1.000 

Sum  of  Ascents  and  Descents,  687  feet. 
Average  Grade  per  mile,  15.03  feet. 
Curvature,  5,476. 


COMMISSIONERS'  MEETING, 

<^tot=«» 

Pursuant  to  previous  notice,  the  General  Commissioners 
heretofore  appointed  to  open  books  for  subscription  to  the 
Western  Division  of  the  Western  North-CaroHna  Eailroad, 
m«-t-i^  Morganton.  at  the  Court-house,  on  the  15th  day  of 
October,  1868.     Present: 

GEO.  W.  SWEPSON,  C.  MEBONE, 

R.  M.  HENRY,  GEO.  W.  DICKEY, 

GEO.  W.  GAHAGAN,  M.  W.  WOODFIN, 

M.  G.  LITTLEFIELD,  A.  T.  DAVIDSON, 

JAS.  H.  RUMBOUGH,  R.  F.  SIMONTON, 

G.  M.  ROBERTS,  Dr.  SAM'L  L.  LOVE. 

On  motion  of  Gen.  Littlefield,  Hon.  A.  T.  Davidson  was 
called  to  the  chair,  and  R.  F.  Simonton  appointed  Secretary. 

The  roll  of  Commissioners  was  then  called,  when  it  was 
ascertained  that  a  majority  of  said  commissioners  were  present. 

On  motion  of  Gen.  Littlefield,  a  committee  of  three  was 
appointed  by  the  chair,  consisting  of  Gen.  R.  M.  Henry,  Geo. 
W.  Swepson,  Esq.,  and  Dr.  Sam'l  L.  Love,  to  inspect  the  books 
of  subscription  returned  by  the  commissioners,  to  ascertain 
what  amount  had  been  subscribed. 

On  motion  of  Gen.  Henry,  it  was 

Resolved,  That  said  committee  be  instructed  to  declare  that  all  stock 
subscribed  on  which  5  per  cent,  had  not  been  paid  heretofore,  are  at  this 
time  void. 

The  committee  returned,  and  after  a  short  time  reported  that 
3,080  shares  of  one  hundred  dollars  each  had  been  subscribed, 
amounting  to  three  hundred  and  eight  thousand  dollars,  on 


WESTEEN   NORTH-CAROLINA   RAILROAD.  71 

whicli  the  5  per  cent.  Lad  been  paid,  to-wit :  fifteen  thousand 
four  hundred  dollars. 

It  was  then  ordered  that  the  books  of  subscription  reported 
by  the  commissioners  be  turned  over  to  the  stockholders. 

On  motion,,  the  commissioners'  meeting  adjourned. 

A.  T.  DAVIDSON,  Chairman, 
E.  F.  SiMONTON,  Secretary, 


The  meeting  of  the  stockholders  of  the  Western  Division  of 
the  Western  North-Carolina  Railroad  Company  met  at  the 
Court-house,  in  Morganton,  on  the  15th  of  October,  1868. 

On  motion,  Hon.  A.  S.  Merriman  was  called  to  the  chair, 
and  G.  M.  Roberts  appointed  Secretary. 

A  committee  of  three  was  appointed  to  verify  proxies  and 
report  the  number  of  shares  represented  in  the  meeting,  to-wit : 
Z.  B.  Vance,  G.  W.  Dickey  and  Thos.  L.  Clingman,  who  re- 
ported the  number  of  stockholders  present  as  eighteen,  repre- 
senting three  thousand  and  eighty  shares. 

On  motion,  the  stockholders  proceeded  to  the  election  of  four 
Directors,  to-wit :  Hon.  A.  T.  Davidson,  Gen.  Thos.  L.  Cling- 
man, G.  M.  Roberts  and  James  H.  Merriman.  . 

The  following  resolution  was  passed : 

Resolved,  That  the  By-laws  of  the  Eastern  Division  of  the  Western 
North-Carolina  Raih'oad  Company  be  adopted  as  the  By-Laws  of  the 
Western  Division  of  the  Western  North-Carolina  Railroad  Company,  so 
far  as  they  are  locally  applicable,  and  that  a  committee  of  three  be  ap- 
pointed to  draft  By-Laws  and  report  at  the  next  meeting. 

On  motion,  the  salary  of  the  President  of  the  Company  was 
fixed  at  three  thousand  dollars ;  Chief  Engineer,  three  thou- 
sand dollars ;  and  Secretary  and  Treasurer,  twelve  hundred 
dollars,  per  annum. 

After  a  short  recess  and  a  re-assembling  of  the  stockholders, 
the  meeting  adjourned. 

A.  S.  MERRIMAN,  Chairman, 

G.  M.  Roberts,  Secretary, 


72  WESTERN   NORTH-CAROLINA   RAILROAD. 


JOINT   MEETING 

Of  the  Stockholders  of  the  Eastern  and  Western  Division  of 
the  North  Carolina  Railroad. 

In  pursuance  of  a  call  made  by  J.  J.  Mott,  President  of  the 
Eastern  Division  of  the  Western  North-Carolina  Eailroad 
Company,  and  Geo.  W.  Swepson,  President  of  the  Western 
Division  of  the  Western  North-Carolina  Eailroad  Company, 
and  in  conformity  with  recent  acts  of  the  General  Assembly  of 
North-Carolina,  ratified  respectively  on  the  29th  and  30th  days 
of  January,  1869,  and  on  the  1st  day  of  April,  1869,  a  meet- 
ing of  the  stockholders  of  said  Divisions  was  held  at  the  Court- 
house in  the  town  of  Morganton,  on  Wednesday  the  7th  day 
of  April,  1869. 

A  temporary  organization  was  effected  by  calling  J.  W. 
Bowman  to  the  chair,  and  appointing  K.  W.  Pulliam  and 
Wallace  W.  Rollins,  Secretaries  pro  tern. 

Gen.  T.  L.  Clingman  moved  that  a  committee  of  two  from 
each  Division  be  appointed  by  the  chair  to  verify  proxies, 
which  motion  prevailed. 

The  chair  appointed  on  said  committee :  Dr.  A.  M.  Powell 
and  Andrew  Shuford  for  the  Eastern  Division,  and  Col.  A. 
T.  Davidson  and  G,  M.  Roberts  for  the  Western  Division. 

A  short  interval  having  elapsed,  the  committee  for  the  East- 
ern Division  reported  that  forty-three  thousand,  five  hundred 
shares,  constituting  a  majority  of  the  stock  of  said  Division, 
and  fifty-nine  thousand,  nine  hundred  and  sixty-one  shares, 
constituting  a  majority  of  the  stock  in  the  Western  Division, 
by  their  committee,  and  that  the  aggregate  amount  of  stock 
represented  by  the  two  Divisions  jointly,  in  person,  or  by  proxy, 
was  one  hundred  and  three  thousand,  four  hundred  and  sixty- 
five  shares — ninety-five  stockholders  being  present  to  cast  the 
vote  of  the  same.  Tod  R.  Caldwell,  Esq.,  representing  the 
State  stock  for  the  Eastern  Division,  by  virtue  of  a  commission 
issued  to  him  by  his  Excellency  W.  W.  Holden,  Governor  of 


WESTERN   NORTH-CAROLINA    RAILROAD.  73 

North-Carolina,  and  W.  H.  Higdon,  representing  the  State 
stock  for  the  Western  Division,  under  and  by  virtue  of  similar 
authority. 

The  report  of  the  committee  was  accepted,  and  a  permanent 
organization  was  then  effected  by  the  election  of  Jacob  W. 
Bowman  as  permanent  chairman  of  the  joint  meeting  of  the 
stockholders ;  Allen  T.  Davidson,  Vice-chairman ;  and  Q.  M. 
Eoberts  and  Henry  C.  Cowles,  Secretaries. 

Tod.  K.  Caldwell  then  offered  and  read  to  the  meeting  the 
Acts  of  the  General  Assembly  passed  at  the  session  of  1868 
and  1869,  ratified  respectively  on  the  29th  and  30th  days  of 
January,  1869,  and  on  the  1st  day  of  April,  1869,  amendatory  of 
the  Charter  of  the  said  Western  North-Carolina  Railroad 
Company,  and  moved  the  acceptance  of  the  same  by  the  stock- 
holders in  joint  meeting  assembled.  This  motion  was  put  by 
the  chairman,  and  unanimously  adopted. 

Whereupon,   on   motion,    the  meeting   adjourned  until  11 

o'clock  to-morrow  morning. 

J.  W.  BOWMAN,  Chairman, 

G.M.  Eoberts,      ]  Secretaries. 
H.  C.  Cowles,       j 


The  stockholders  met,  according  to  adjournment,  April  8th, 
1869,  at  11  o'clock,  Col.  A.  T.  Davidson  in  the  chair.  The 
minutes  of  yesterday  were  read  and  approved. 

A.  Shuford  offered  the  following  preamble  and  resolution  : 

Whereas.  The  present  Legislature  has  passed  a  bill  amending  the 
Charter  of  the  Western  North-Carolina  Railroad  Company ;  and  ivhereas, 
a  majority  of  the  stockholders  have  accepted  said  amendment;  and 
ichereas,  section  —  of  said  bill  provides  that  the  Directors  may  discontinue 
any  or  all  branches  on  the  said  road,  at  their  option ;  and  icJiereas  there 
is  a  branch  running  to  the  town  of  Newton,  which  branch  was  granted  to 
the  citizens  of  said  town ;  now  we,  the  stockholders,  do 

Resolve,  That  we  are  opposed  to  the  discontinuance  of  said  branch,  and 
do  request  the  Directors  to  continue  and  keep  up  the  same. 

After  debate,  in  which  Messrs.  Shuford,  Clingman  and 
Caldwell  took  part,  the  consideration  of  the  resolution  was 
postponed  and  referred  to  the  meeting  of  the  stockholders  in 
August  next,  and  ordered  to  be  spread  upon  the  minutes. 


74:     .  WESTERN   NORTH-CAROLINA   RAILROAD. 

A  recess  of  twenty  minutes  was  then  had ;  and,  upon  resump- 
tion of  business,  a  resolution  of  thanks  was  offered  by  Gen  T. 
L.  Cliugman  to  the  chairman  and  Vice-chairman  of  the  meet- 
ing, for  the  able  and  dignified  manner  in  which  their  duties  had 
.been  discharged,  which  was  unanimously  adopted. 

The  thanks  of  the  meeting  were  also  tendered  to  the  Secre- 
taries; after  which,  on  motion,  the  meeting  of  the  stockholders 
of  the  Western  North-Carolina  Eailroad  Company  adjourned 
sine  die. 

A.  T.  DAVIDSON,  Vice-chairman. 


G.  M.  EOBERTS,  )    ry        ^       • 

Henry  C.  CowLes,    j  ^^'^^i^^'^'- 


Gen.  T.  L.  Clingman,  on  behalf  of  the  committee  appointed 
at  the  last  general  meeting  to  revise  the  By-laws  for  the  goy- 
ernment  of  this  Company,  made  a  report  recommending  the 
following  system  of  laws  for  adoption  : 

Section  I.  The 

Sec.  II.  On  the  failure  of  the  stockholders  to  elect  Directors  at  any 
general  annual  meeting  it  shall  be  the  duty  of  the  President,  for  the  time 
being,  forthwith  to  advertise  a  general  meeting  of  the  stockholders,  to  be 
held  within  twenty  days  thereafter  for  the  purpose  ;  and  on  failure  of  the 
President  so  to  advertise,  or  of  the  meeting  so  called  to  elect  Directors, 
it  shall  be  the  duty  of  the  Directors  for  the  time  being,  or  any  one  of  them, 
to  advertise  as  above  directed. 

Sec.  III.  (as  amended. )  The  President,  or  any  five  Directors,  shall  have 
power  to  call  a  meeting  to  assemble  at  such  time  and  place  as  he  or  they 
may  elect ;  and,  in  the  absence  of  the  President,  a  majority  of  said  Di- 
rectors shall  have  power  to  hold  said  called  meeting,  and  appoint  a  Pres- 
ident 2)ro  tempore. 

Sec.  IV.  The  President  shall  be  elected  annually  by  ballot,  by  a  major- 
ity of  the  Board  of  Directors,  and  shall  receive  as  compensation  for  his 
services  an  annual  salary  of  two  thousand  dollars,  over  and  above  his 
necessary  traveling  expenses  incurred  by  order  of  the  Board  of  Directors 
in  journeys  in  the  service  of  the  Company. 

Sec  V.  The  President  shall  have  the  general  superintendence  and 
control  of  all  other  officers  of  the  Company,  and  shall  prescribe  their 
duties,  unless  otherwise  provided  for  by  the  rules  and  regulations  of  the 
Board  of  Directors,  He  shall  carefully  examine  into  the  performance  of 
their  duties ;  and,  from  time  to  time,  report  to  the  Directors  all  and  every 
matter  touching  the  interest  of  the  Company  which  shall  come  to  his 
knowledge. 

Sec.  VI,  The  President  shall  keep  the  seal  of  the  Company,  and,  with 
the  consent  of  a  majority  of  the  Directors,  shall  affix  the  same  to  all  con- 
veyances and  other  instruments  to  which  attestation  of  the  seal  may  be 
necessary,  and  sign  the  same  on  behalf  of  the  corporation; 


WESTERN   NORTH-CAROLINA   RAILROAD.  75 

Sec.  VII.^  The  office  of  Secretary  and  Treasurer  shall  be  combined  until 
the  Board  of  Directors  shall  deem  it  necessary  to  separate  them. 

Sec.  VIII.  The  Secretary  and  Treasurer  shall  be  ajipointed  by  the 
Board'  of  Directors,  and  shall  give  bond  in  the  sum  of  fifty  thousand 
dollars,  with  security,  to  be  approved  by  the  Board ;  and  shall  receive  for 
his  services  the  sum  of  twelve  hundred  dollars  per  annum. 

Sec.  IX.  It  shall  be  the  duty  of  the  Treasurer  and  Secretary  to  keep  a 
full  and  fair  journal  of  the  meetings  and  proceedings  of  the  Board  of 
Directors ;  to  advertise  and  collect  all  assessments  which  may,  from  time  to 
time,  be  made  upon  the  stockholders  ;  and  in  failure  of  any  stockholder  to 
pay  his  assessments  within  the  time  prescribed,  to  report  the  name  or 
names  of  such  stockholders  to  the  President ;  to  take  charge  of,  and  safely 
keep,  all  the  moneys  and  other  vakiable  effects  of  the  Company,  and  to 
disburse  the  same  under  the  direction  and  upon  the  requisition  of  the 
President,  and  to  take  proper  vouchers  for  such  disbursements ;  and  to 
perform  all  such  other  duties  as  may  be  prescribed  by  the  Board  of 
Directors. 

Sec.  X.  That  a  standing  committee  of  three  persons  be  ajjpointed  at 
each  annual  meeting  of  the  stockholders  to  audit  and  report  upon  all 
accounts  of  the  Treasurer  to  the  stockholders  at  each  annual  meeting ; 
that  said  committee  act  in  the  intervals  of  regular  meetings,  and  that  they 
be  allowed  the  sum  of  ten  cents  per  mile  for  their  traveling  expenses,  and 
the  sum  of  two  dollars  per  diem  for  each  day  in  which  they  shall  be 
engaged  in  said  service. 

Sec.  XI.  The  Secretary  and  Treasurer  shall  give  twenty  days'  notice  in 
not  less  than  three  newspapers  published  in  the  State,  of  the  time  and 
place  of  all  annual  meetings  of  the  stockholders. 

Sec.  XII.  The  President  and  Directors  shall  have  power  to  employ 
Engineers  and  such  other  officers  and  agents  as  they  may  think  proper,  and 
fix  their  compensation ;  and  shall  make  a  report  of  all  such  appointments 
to  the  regular  annual  meeting  of  the  stockholders. 

Sec.  _XIII.  The  Directors  shall  have  power  to  establish  a  common  seal, 
with  suitable  devices ;  to  ascertain  and  define  the  duties  of  the  officers, 
clerks  and  other  servants  of  the  Company,  and  direct  them  in  the  perform- 
ance thereof;  and  to  dismiss  from  the  service  of  the  Company  any  officer, 
agent,  clerk  or  servant  appointed  by  them,  or  elected  by  the  stockholders, 
at  pleasure,  and  to  fill  such  vacancy  until  the  next  annual  meeting  of  the 
stockholders. 

Sec.  XIV.  The  report  of  the  President  and  Directors  with  accompany- 
ing documents,  and  report  of  the  auditing  committee,  shall  be  printed  and 
distributed  among  the  stockholders,  as  soon  as  each  annual  meeting  shall 
be  organized. 

Sec.  XV.  A  proxy  shall  be  signed  by  the  party  and  attested  by  any 
witness  competent  to  testify  in  the  courts  of  this  State  ;  and  all  transfers 
of  stock  shall  be  attested  in  like  manner.  . 

Sec.  Xy  I.  These  laws  shall  not  prevent  the  President,  in  case  of  emer- 
gency, from  calling  a  meeting  of  the  stockholders  at  one  day's  notice,  as 
heretofore  provided. 

These  Laws  were  unanimously  adopted  by  the  stockholders, 
at  Morganton,  April  7th,  1869. 

R.  M.  HENRY,  Chairman. 
G.  M.  Roberts,  Secretary. 


7b  WESTERN   NORTH-CAEOLINA   EAILROAD. 

At  a  meeting  of  the  stockliolders  of  the  Western  Division 
of  the  Western  North-Carolina  Railroad  Company,  held  at 
Morgan  ton,  N.  C,  on  the  4th  day  of  May,  A.D.,  1869,  on  motion 
of  Geo.  W.  Swepson,  Gen.  T.  L.  Clingman  was  appointed  Chair- 
man, and  G.  M.  Eoberts,  Secretary. 

On  motion  of  Gen.  R.  M.  Henry,  it  was  resolved  that  the 
stockholders  of  the  Western  Division  of  the  Western  North- 
Carolina  Puailroad  Company,  do  agree  to  go  into  meeting  with 
the  stockholders  of  the  Eastern  Division  of  said  road,  for  the 
purpose  of  considering  such  matters  as  may  be  legitimately 
brought  before  such  joint  meeting  of  the  stockholders  of  the 
Western  North-Carolina  Railroad  Company. 

On  motion,  it  was  resolved  that  the  proceedings  of  this 
meeting  be  furnished  the  press  of  the  State  for  publication. 
The  meeting  then  adjourned. 

T.  L.  CLINGMAN,  Chairman, 

G.  M.  Roberts,  Secretary. 


At  a  joint  meeting  of  the  stockholders  of  the  Eastern  and 
Western  Divisions  of  the  Western  North-Carolina  Railroad 
Company,  held  in  the  town  of  Morganton,  in  the  county  of 
Burke,  and  State  of  North  Carolina,  on  the  4th  of  May,  1869, 
in  pursuance  of  a  joint  call  for  such  meeting  made  by  J.  J. 
Mott,  President  of  the  Eastern  Division  of  said  road,  and  Geo. 
W.  Swepson,  President  of  the  Western  Division  of  said  road, 
whereof  due  notice  was  given,  and  in  pursuance  of  resolutions 
passed  by  the  stockholders  of  the  Eastern  and  Western  Divis- 
ions, in  lawful  meetings  by  them  respectively  held  in  the  town 
of  Morganton  on  the  day  and  year  aforesaid. 

On  motion  of  Hon.  Z.  B.  Vance,  for  temporary  organization, 
M.  S.  McCorkle,  Esq.  was  called  to  the  chair,  and  G.  M. 
Roberts  was  appointed  Secretary. 

On  mcJtion  of  N.  W.  Woodfin,  a  committee  of  two  gentlemen 
from  each  Division  was  appointed  by  the  chair  to  verify  proxies, 
and  ascertain  if  a  quorum  of  stockholders  were  present. 


WESTERN    NORTH-CAROLINA    RAILROAD.  // 

The  chairman  appointed  for  the  Eastern  Division  Thos.  G. 
Walton  and  Eobt.  F.  Simonton,  and  for  the  Western  Division 
G.  M.  Roberts  and  R.  W.  Pulliam. 

The  committee  upon  inquiry  and  due  examination,  and  in 
pursuance  of  the  provision  of  the  Charter,  reported  present  by 
proxy  and  in  person:  for  the  Eastern  Division,  ninety-six 
private  stockholders,  representing  fourteen  thousand,  five 
hundred  and  ninety-nine  shares,  and  Tod  R.  Caldwell  proxy 
for  the  State,  representing  thirty-six  thousand,  six  hundred 
shares;  and  for  the  Western  Division,  forty-three  private 
stockholders,  representing  nineteen  thousand,  nine  hundred  and 
sixtv-one  shares,  and  Gen.  R.  M.  Henry,  proxy  for  the  State, 
representing  forty  thousand  shares,  being  a  large  majority  of 
the  stock  in  each  Division  of  said  Road. 

The  report  of  the  committee  having  been  adopted,  on  motion 
of  Tod  R.  Caldwell,  Gen.  R.  M.  Henry,  of  Macon  County,  was 
elected  President  of  the  joint  meeting  of  the  stockholders,  and 
G.  P.  Erwin  and  R.  W.  Pulliam  appointed  Secretaries. 

The  permanent  organization  thus  completed.  Gen.  T.  L. 
Clingman  submitted  the  following  preamble  and  resolutions  : 

Whereas,  At  a  meeting  of  the  stockholders  of  the  Western  North- 
Carolina  Railroad  Company,  held  in  the  town  of  Morganton,  on  the  7th 
day  of  April,  1869,  a  portion  of  the  stockholders  were  not  present;  and 
whereas,  it  now  appears  that  a  still  larger  amount^  of  the  stock  is  repre- 
sented in  the  present  meeting ;  now,  therefore,  be  it 

Resolved,  That  the  action  of  said  former  meeting  accepting  the  amend- 
ments to  the  acts  incorporating  the  Western  North-Carohna  Railroad 
Company,  and  all  acts  amendatory  thereto,  the  said  amendments  being 
entitled  "An  Act  amendatory  o'f  the  Act  to  incorporate  the  Western 
North-Carolina  Railroad  Company,"  ratified  the  15th  day  of  February, 
1855,  and  of  all  other  Acts  amendatory  thereof,  passed  at  the  present 
session  of  the  General  Assembly,  and  ratified  on  the  29th  day  of  January, 
1869,  ratified  on  the  30th  day  of  January,  1869,  and  an  Act  entitled 
"An  Act  supplemental  to,  and  amendatory  of,  an  Act  passed  at  the 
present  session  of  the  General  Assembly,  entitled  "An  Act  amenda- 
tory of  an  Act  to  incorporate  the  Western  North-Carolina  Railroad 
Company,"  ratified  the  15th  day  of  February,  1855,  and  of  all  other 
Acts  amendatory  thereof,"  ratified  the  1st  day  of  A])ril,  1869,  is  hereby 
re -affirmed  and  ratified  in  all  respects ;  and  the  said  Acts  are  accepted 
and  made  a  part  of  the  Charter  of  the  said  Western  North-Carolina 
Railroad  Company. 

The  preamble  and  resolutions  were  unanimously  adopted. 
Gen.  T.  L.  Clingman  then  moved  that  the  Presidents  of  the 


78  WESTEEN   NORTH-CAEOLINA   RAILROAD. 

Eastern  and  "Western  Divisions  of  the  Western  North-Carolina 
Eailroad  be  requested  to  certify  to  the  Governor  the  unani- 
mous acceptance  of  the  amendments  to  the  Chatter,  as  proposed 
by  the  General  Assembly,  indicated  and  defined  in  the  fore- 
going preamble  and  resolutions ;  and  that  the  proceedings  of 
this  meeting  be  furnished  the  press  of  North  Carolina  for 
publication  by  the  Secretaries. 

The  meeting  then  adjourned  sine  die. 

EGBERT  M.  HENEY,  President 
G.  P.  Erwin,         )  o      ,     ■ 


THE 

FIRST    ANNUAL    MEETING^ 

OF  THE 

STOCKHOLDERS  OF  THE  WESTERN  DIVISION 

OF  THE 

Assembled  at  Asheville,  October  IS^/i,  1869. 


On  motion,  General  Jos.  C.  Abbott  was  called  to  tlie  Chair, 
and  G-.  M.  Pboberts  requested  to  act  as  Secretary. 

The  annual  report  of  G.  W.  Swepson,  President,  was  read, 
and  on  motion  was  adopted  and  approved  and  ordered  to  be 
printed  in  connection  with  the  annual  report  of  the  Chief 
Engineer. 

On  motion,  the  Chair  was  requested  to  appoint  Gen.  Thomas 
L.  Clingman,  Hons.  A.  H.  Jones  and  A.  T.  Davidson  a  com- 
mittee to  address  the  people  of  the  State  of  North  Carolina  by 
a  circular  letter  through  the  papers,  setting  forth  correctly  the 
interest  of  the  State  in  the  early  completion  of  the  Western 
Division  of  the  Western  North-Carolina  Railroad. 

On  motion,  the  Chair  was  authorized  to  appoint  a  committee 
of  two  to  verify  proxies,  whereupon  Gens.  R.  M.  Henry  and 
Thos,  L.  Clingman  were  appointed  said  committee,  who,  in  a 
short  time  reported  the  following  Stock  represented  in  person 
and  by  proxy:  19,941  shares  of  private  stock,  and  13,294 
State  stock  represented  by  Geo.  W.  Gahagan,  proxy  for  the 
State — constituting  a  majority  of  the  representative  Capital 
Stock  of  the  Company. 


80  WESTERN   NORTH-CAROLINA   RAILROAD. 

On  motion  of  General  R.  M.  Henry,  the  stockholders  pro- 
ceeded to  the  election  of  twelve  persons  to  constitute  a  Board 
of  Directors  for  the  ensuing  year;  and  G.  M.  Eoberts  and  A. 
T;  Davidson  were  appointed  Tellers,  and  reported  that  the  fol- 
fowing  gentlemen  were  voted  for,  to-wit : 

G.  W.  Swepson  received  .        .        .        27,260  votes. 

Thos.  L.  Clingmaa  "  .         .         .         .33,221 

Jos.  C.  Abbott  "  .         .         .        .         32,226 

W.  W.  Rollins  "  ....      33,226 

R.  M.  Henry  "  .     .         .        .            30,301 

A.  H.  Jones  "  ....      33,226 

J.  R.  Amnions  "  .         .         .        .          33,226 

Geo.  W.  Gahagan  "  .        .         .         .        33,226 

Geo.  W.  Dickey  "  .        .        .        .33,226 

A.  T.  Davidson  "  .         .         ,        .        33,221 

M.  S.  Littlefield  "  ....    33,226 

Jos.  Keener  "  .         .        .        .        33,226 

Jas.  H.  Rumbougb  "  .        .        .        .      5,976 

Jas.  H.  Merriman  "  .         .         .        .          2,925 

When  the  following  gentlemen  were  announced  by  the  Chair 

duly  elected,  having  received  a  majority  of  the  entire  Stock 

represented,  to-wit : 

G.  W.  Swepson,  Thos.  L.  Clingman, 

Jos.  C.  Abbott,  W.  W.  Rollins, 

R.  M.  Henry,  A.  H.  Jones, 

J.  R.  Amnions,  G.  W.  Gahagan, 

G.  W.  Dickey,  A.  T.  Davidson, 

M.  S.  Littlefield,  Jos.  Keener. 

On  motion  of  General  R.  M.  Henry,  the  Chair  announced 
that  the  election  of  Chief  Engineer  and  Secretary  and  Treas- 
urer were  in  order.  General  R.  M.  Henry  put  in  nomination, 
Major  Jas.  C.  Turner  for  Chief  Engineer,  who  was  unani- 
mously elected,  and  without  a  dissenting  vote,  the  election 
being  vivi  voce. 

General  R.  M.  Henry  then  put  in  nomination  G.  M.  Roberts 
for  Secretary  and  Treasurer,  who  was  unanimously  elected,  the 
election  being  by  viva  voce  vote. 

General  Clingman  oflfered  the  following  resolution  which  was 
unanimously  adopted  : 

Eesolved,  That  the  thanks  of  the  stockholders  are  due  and  are  hereby 
tendered  to  George  W.  Swepson,  President,  Maj.  Jas.  C.  Turner,  Chief 
Engineer,  and  G.  M.  Roberts,  Secretary  and  Treasurer,  for  the  able,  effi- 
cient, energetic  and  faithful  manner  in  which  they  have  discharged  their 
respective  duties  during  the  past  year. 


WESTERN   NORTH-CAEOLINA   RAILROAD.  81 

The    Stockholders    adjourned    until    to-morrow     mornino- 
9  o'clock. 


Stockholders  met  according  to  adjournment,  October  14th, 
1869,  9  o'clock,  A.M. 

The  following  resolution  was  introduced  by  General  T.  L. 
CHngman,  and  unanimously  adopted,  as  an  amendment  to  Sec- 
tion 1st  of  the  By-Laws. 

Resolved,  That  the  word  "thereafter"  occurring  in  Section  first  of  the 
Bj'-Laws  be  stricken  out  and  the  said  Section  shall  read  as  follows :  "That" 
the  next  annual  meeting  of  the  stockholders  of  the  Western  Division  of 
the  Western  North-Carolina  Railroad  Company  shall  be  held  at  Asheville, 
on  the  second  Thursday  of  October  next,  and  the  Directors  elected  at  this 
and  subsequent  meetings  shall  continue  until  the  next  annual  meeting 
thereafter. 

On  motion  of  A.  T.  Davidson,  it  was  resolved  that  James 
Keener  and  J.  R.  Amnions,  together  with  the  President,  to  be 
elected  by  the  Board  of  Directors,  constitute  a  committee  with 
authority  to  examine  and  pass  upon  the  vouchers  of  the  Presi- 
dent, George  W.  Swepson,  in  settling  with  his  successor,  and  re- 
port to  the  Board  of  Directors. 

On  motion  of  George  W.  Gahagan,  it  was  resolved  that  Sec- 
tion 13  of  the  By-Laws  be  amended  to  read  as  follows,  towit : 

That  the  Directors  shall  have  power  to  establish  a  common  seal  with 
suitable  devices,  to  ascertain  and  define  the  duties  of  the  officers  and  clerks 
and  other  employees  of  the  Company,  and  direct  them  in  the  performance 
thereof;  and  to  dismiss  from  the  service  of  the  Company  any  oificer,  agent, 
cleii:  or  employee  appointed  then  or  elected  by  the  stockholders,  and  to  fill 
such  necessary  until  the  next  annual  meeting  of  the  stockholders. 

On  motion,  it  was  ordered  that  W.  W.  Eollins,  George  W. 
Gahagan  and  James  H.  Eumbough  be  appointed  a  committee 
to  survey,  locate  and  put  under  contract,  a  change  of  the ' 
Buncombe  Turnpike  from  Marshall  to  Warm  Springs,  Madison 
County,  North  Carolina,  and  they  are  hereby  authorized  to  call 
upon  the  Chief  Engineer  to  make  the  survey  of  the  road,  and 
they  are  required  to  cause  the  road  to  be  constructed  at  as 
early  a  day  as  practicable.  The  same  committee  is  hereby 
instructed  and  directed  to  survey  and  locate  a  road  from  near 
Biley  Bay's,  up  Grassy  Branch,  to  intersect  the  road  leading 
from  Warm  Springs,  Madison  County,  North  Carolina,  to  Wolf 


82  WESTERN   NORTH-CAROLINA   RAILROAD. 

Creek,  Tennessee,  and  to  have  the  same  constructed  as  soon  as 
possible,  and  to  report  their  action  to  the  next  meeting  of  the 
Board  of  Directors  of  this  Company. 
On  motion,  it  was 

Resolved^  That  the  Board  of  Directors  be  ordered  and  hereby  instructed 
by  the  stockholders  of  this  Company  to  comply  vrith  and  perform  the  con- 
tract heretofore  made  by  the  Western  North-Carolina  Railroad  Company 
with  the  Buncombe  Turnpike  Company,  in  relation  to.  their  road  from 
Asheville  to  Paint  Rock. 

On  motion,  it  was 

Resolved,  By  the  stockholders,  that  A.  T.  Davidson  and  James  H. 
Rumbough  be  appointed  a  Committee  and  be  authorized  and  directed  to 
proceed  at  once  to  the  city  of  Nashville,  Tennessee,  and  confer  with  the 
Grovernor  and  Legislature  of  Tennessee,  in  relation  to  the  connection  of  the 
Cincinnati,  Cumberland  Gap  and  Charleston  Railroad  with  the  Western 
Division  of  the  Western  North-Carolina  Railroad,  and  that  they  have 
power  and  authority,  that  was  heretofore  conferred  on  the  Chief  Engineer 
of  this  Company,  in  relation  to  the  negotiation  heretofore  had  respecting 
the  said  connection,  and  that  the  Secretary  and  Treasurer  be  directed  to 
furnish  funds  necessary  to  carry  out  this  resolution. 

On  motion,  it  was 

Resolved,  That  Thos.  L.  Clingman  and  Geo.  W.  Dickey,  be  instructed 
to  communicate  with  the  Morganton  and  Dalton  Railroad,  with  a  view  to 
an  earlier  connection  of  the  Western  Division  of  the  Western  North- 
Carolina  Railroad  at  or  near  the  line  of  the  State  of  Georgia  and  North 
Carolina,  west  of  Murphy,  and  in  the  direction  of  Dalton,  or  at  or  near 
Ducktown,  Tennessee ;  and  the  Treasurer  is  hereby  directed  to  pay  all 
necessary  expenses  incurred. 

There  being  no  further  business,,  on  motion  of  Gen.  E.  M» 

Henry,  the  stockholders  adjourned  sine  die. 

JOS.  0.  ABBOTT,  Chairman. 
G.  M.  Egberts,  Secretary. 


REPORT  OF  THE  PRESIDENT. 

President's  Office,  > 

Asheville,  N.  C,  Oct.  13th,  1869.  J 

To  the  Stockholders  of  the  Western  North- Carolina  Rail- 
road— Western  Division  : 

Gentlemen  : — At  the  organization  of  the  "Western  Division 
of  the  Western  North-Carolina  Eailroad  Company,  twelve 
months  since,  I  was  elected  its  President. 


WESTERN   NORTH-CAROLINA   RAILROAD.  83 

Though  the  Company  then  had  no  funds  in  its  possession,  yet 
the  necessary  arrangements  were  immediately  made  for  a 
vigorous  prosecution  of  the  work,  and  two  corps  of  engineers 
were  placed  in  the  field.  Four  millions  of  bonds  of  the  State 
had  been  appropriated  by  the  Legislature  to  aid  in  the  con- 
struction of  the  Eoad,  but  before  these  bonds  could  be  issued 
and  made  available  it  was  ascertained  that  they  were  not  valid 
in  the  opinion  of  the  Supreme  Court,  because  no  special  tax 
had  been  imposed  for  the  payment  of  the  interest  annually 
accruing.  It  was  therefore  necessary  that  application  should 
be  made  for  additional  legislation.  Owing  to  causes,  which  are 
sufficiently  known  to  the  public  already,  there  was  much  diffi- 
culty and  great  delay  in  obtaining  the  necessary  legislation,  as 
it  was  not  until  near  the  close  of  the  session,  in  the  month  of 
April,  that  such  final  action  was  obtained,  as  was  deemed  es- 
sential to  enable  the  Company  to  prosecute  its  work  without 
intermission. 

The  surveys  had  in  the  meantime  so  advanced  that  consider- 
able part  of  the  work  was  commenced.  For  a  detail  of  what 
has  been  done,  I  refer  the  stockholders  to  the  report  of  the 
Chief  Engineer. 

There  was,  however,  great  fluctuation  from  time  to  time  in 
the  value  of  the  State  bonds,  owing  in  part  to  allegations  that 
the  bonds  were  invalid,  and  it  was  not  until  the  Supreme  Court, 
in  the  month  of  July,  promulgated  its  last  opinion,  that  the 
public  mind  became  satisfied  as  to  the  constitutionality  of  the 
bonds  issued  for' the  Company. 

These  facts,  to  which  only  a  brief  reference  is  m.ade,  will 
account  for  the  delay  in  putting  a  larger  force  on  the  work. 
There  seems  now,  however,  to  be  no  further  obstacle  in  the  way 
of  a  vigorous  prosecution  of  both  the  main  line  and  the  French 
Broad  branch  of  the  Pwailroad. 

When  I  accepted  the  Presidency  of  the  Company,  my  object 
was  to  prosecute  the  work  with  a  view  to  the  public  interest 
alone,  and  with  no  reference  whatever  to  any  party  or  political 
object.  Nevertheless,  owing  perhaps  to  the  excited  condition 
of  the  pubKc  mind  on  the  subject  of  politics,  I  have  been  unable 
6 


84  WESTERN   NORTH-CAROLINA    RAILROAD. 

to  give  that  satisfaction  that  I  desired  to  do.  I  have  been 
assailed  because  I  did  not  manage  the  business  of  the  E-oad  to 
advance  political  object  and  to  aid  party  organization  or  move- 
ments. Eegarding  the  attack  as  wholly  unjust,  and  not  being 
willing  to  attempt  to  manage  the  enterprise  for  the  advance- 
ment of  any  party  or  political  purpose,  I  have,  after  due  con- 
sideration and  reflection,  determined  to  no  longer  occupy  the 
position  of  President  of  the  Company.  I  therefore  respectfully 
decline  to  be  a  candidate  for  re-election,  and  request  that  a 
Finance  Committee  may  be  appointed,  in  connection  with  my 
successor,  to  examine  my  accounts,  in  order,  as  far  as  the  effects 
of  the  Company  have  been  placed  in  my  hands,  may  be  trans- 
ferred to  my  successor  in  office. 

In  taking  leave  of  you  officially,  I  cannot  do  so  consistently 
with  ^my  feelings,  without  bringing  to  your  most  favorable 
consideration,  your  present  most  excellent  Chief  Engineer, 
Major  James  C.  Turner,  whose  professional  ability,  skill  and 
integrity,  is  not  surpassed  if  equaled  in  our  State. 

I  am,  gentlemen,  your  most  obedient  servant, 

GEO.  W.  SWEPSON,  President 


REPORT  OF  THE  CHIEF  E:N'aiNEER. 

To  the  President  and  Directors  of  the  Western  North-Car- 
olina Railroad — Western  Division. 

Gentlemen  : — By  an  amendment  of  the  Charter  of  the 
•"  "Western  North-Carolina  Eailroad,"  this  Eoad  has  been 
divided  into  two  parts  or  Divisions,  to-wit :  The  "  Eastern 
Division,"  extending  from  the  town  of  Salisbury,  on  the  North 
Carolina  Eailroad,  westward  to  the  French  Broad  Eiver,  and 
the  "  Western  Division,"  from  that  point  westward  to  the  Ten- 
nessee, or  Georgia  line,  in  the  direction  of  Chattanooga,  including 
a  branch  Eoad  down  the  French  Broad  Eiver  to  connect  with 
the  C.  C.  &  C.  Gap  Eailroad,  near  Paint  Eock,  at  the  Tennessee 
line. 


WESTERN   NORTH-CAROLINA   RAILROAD.  85 

Under  the  pi'ovisions  of  the  original  Charter  and  its  amend- 
ments, this,  the  "  "Western  Division,"  of  said  Eoad,  was  duly- 
organized  on  the  13th  of  October,  1868,  and  your  subscriber 
appointed  Chief  Engineer,  with  instructions  to  locate  both  the 
main  line  and  its  branch  to  their  Western  termini.  Soon  after 
receiving  the  above  instructions,  the  2d  corps  of  Engineers 
were  properly  equipped  for  the  field  and  assigned  to  duty — the 
French  Broad  or  branch  Road  under  Capt.  F.  I).  Blake,  and 
the  other  or  main  line  under  the  direction  of  Capt.  J.  Calder 
Turner,  as  Principal  Assistants  for  their  respective  Divisions. 

The  location  of  both  these  Divisions  had  been  previously 
made  in  1860  under  my  direction,  and  a  report  of  the  surveys 
by  myself  whilst  acting  as  Chief  Engineer  for  the  Company 
was  made,  a  copy  of  which  is  herewith  respectfully  submitted ; 
but,  by  the  casualties  of  the  late  war  the  Notes,  Books,  Maps, 
Profiles  and  other  papers  (except  the  report  above  mentioned) 
were  destroyed.  So  that  all  that  was  known  of  these  routes 
was,  that  they  were  practicable.  The  location  of  this  Division 
of  the  Road  was  vigorously  prosecuted  during  the  last  Winter 
and  Spring,  and  one  hundred  (100)  miles  of  the  Road  made 
ready  for  contract.  I  will  say  in  this  connection  that  in  the 
vicinity  of  Asheville  several  lines  have  been  run,  but  none 
definitely  located.  But  in  regard  to  the  French  Broad  line, 
beginning  about  three  (3)  miles  down  said  river  from  this  place, 
and  on  the  Western  side,  the  line  runs  on  that  side  of  the  river 
until  it  reaches  the  mouth  of  Ivy,  when  it  crosses  the  French 
Broad  by  a  bridge  of  4  spans,  650  feet  in  length,  thence  down 
on  the  Eastern  side  of  the  river  through  the  town  of  Marshal, 
the  county  seat  of  Madison  county,  and  continues  on  the  East 
side  until  the  Warm  Springs  property  is  in  view,  when  it  re- 
crosses  to  the  West  side  of  the  river,  and  so  continues  until  the 
Tennessee  line  is  reached,  where  we  connect  with  the  Railroad 
running  to  Morristown,  on  the  Tennessee  and  Virginia  Rail- 
road. This  branch  of  our  Road,  by  making  this  connection, 
places  us  in  immediate  communication  with  the  Western  Roads, 
and  is  only  about  ninety  (90)  miles  fromAsheville.  The  change 
from  the  previous  location  (by  crossing  and  re-crossing  French 


86  WESTERN   NORTH-CAROLINA   RAILROAD, 

Broad  River)  renders  the  alignment  mucli  better,  and  places  the 
line  on  better  ground,  thereby  avoiding  several  abrupt  bends 
in  the  river,  which  at  these  points  are  shut  down  and  confined 
by  rock-bound  precipices  and  cliffs. 

Owing  to  the  extraordinary  high  water  which  occurred  during 
the  year  1867,  it  was  found  necessary  to  locate  a  higher  line 
than  formerly,  and  as  it  is  generally  a  side  hill  location,  the 
work  is  necessarily  heavier  and  more  costly.  Many  changes 
have  been,  and  will  yet  be  made  from  the  location,  so  as  to 
render  it  more  desirable  and  cheaper,  but  of  this  I  prefer  to 
speak  at  another  time.  I  will  only  add  in  this  connection,  that 
although  this  division  of  the  Road  runs  along  the  sides  of  the 
French  Broad  River,  it  passes  over  space  sometimes  in  the  river 
and  sometimes  on  the  mountain  slopes,  it  requires  a  nice  inter- 
mediate position  to  occupy  the  exact  ground  on  which  the  line 
should  rest.  Estimates  have  been  made  upon  the  line  as  now 
run,  but  a  critical  examination  of  it  satisfies  me  that  important 
and  economical  changes  could,  and  should  be  made ;  some  have, 
and  others  are  now  being  made,  which  will  greatly  reduce  the 
cost  of  the  work  below  that  at  which  it  is  now  estimated. 

When  this  line  is  built  and  the  Road  in  Tennessee  from  Paint 
Rock  to  Morris  town  completed,  wc  shall  have  an  outlet  to  the 
Western  Roads,  The  line  from  Morristown  Eastward  is  now 
in  running  order  to  Wolf  Creek,  a  point  about  4J  miles  from 
Paint  Rock,  3  miles  of  that  4J  miles  are  graded  and  ready  for 
the  iron,  but  on  the  IJ  miles  yet  to  be  graded  there  are  two 
bridges  to  be  built  across  the  French  Broad  River  which  are 
of  great  importance. 

This  link  in  the  chain  of  Railroad  from  Asheville  to  Morris- 
town  is  worthy  of  your  serious  consideration,  and  although  in 
the  State  of  Tennessee,  if  the  two  Roads  could,  by  proper 
legislation,  be  united  and  made  one  road  and  one  corporation, 
its  management  could  and  would  be  more  economical  and 
beneficial. 

The  main  line  having  been  re-located  for  fifty-five  (55)  miles 
and  upwards — that  length  of  line  (55  miles)  was  made  ready, 
in  connection  with  the  forty-five  (45)  miles  on  the  French  Broad 


WESTERN   NOETH-CAROLINA    EAILEOAD.  87 

Koad,  for  contract.  The  corps  of  Engineers  on  this  line  made 
the  preliminary  surveys  around  and  about  Asheville,  making 
connection  with  the  "  Eastern  Division;"  these  lines  not  having 
been  decided  upon  by  the  Board,  have  not  been  included  in  the 
work  awarded  to  contract.  The  line  as  located  runs  nearly 
over  the  same  ground  that  was  occupied  by  the  location  of 
1860,  as  far  as  the  Western  approach  of  the  Balsam  Tunnel ; 
some  advantageous  changes  have  been  made  and  some  bridges 
dispensed  with,  but,  from  this  point  Westward  an  entirely 
different  line  has  been  found,  running  from  this  tunnel  to-  the 
South  and  crossing  JudacuUah  Kidge  by  a  tunnel  500  feet  in 
length,  then  on  its  South  side  to  a  point  where  we  curve  to  the 
right,  and  by  another  short  tunnel,  known  as  Heel  String,  we 
get  on  the  North  side  of  the  same  ridge,  running  up  the  hill 
slopes  of  the  valley  about  one  (1)  mile,  when  we  again  curve 
to  the  left,  crossing  the  head  of  the  valley  of  the  Middle  Fork 
of  Scott's  Creek  to  its  Northern  side.  This  retrograde  move- 
ment increases  the  distance  and  gives  us  ground  upon  which  to 
rest  our  maximum  grade,  and  further,  enables  us  to  occupy 
cheaper  ground,  and  thus  gets  us  down  into  the  valley  of  Scott's 
Creek,  thence  along  the  meanderings  of  that  Creek,  crossing 
and  re-crossing  in  the  vicinity  of  the  Turnpike  Eoad,  we  again 
pass  underground  through  a  spur  which  we  denominate  Still 
House  Tunnel,  thence  down  the  slopes  of  Scott's  Creek,  on  the 
South  side,  we  avoid  a  ridge  of  190  feet  in  height  and  250  feet 
long,  over  the  North  Fork  of  Scott's  Creek,  a  feature  in  the 
former  location  which  it  was  desirable  to  avoid.  The  fall  in 
Scott's  Creek  being  so  great  rendered  it  still  necessary  to  con- 
tinue on  the  side  hills  of  that  stream  for  three  miles,  cutting  a 
spur  from  Kaler's  Hill  by  a  short  tunnel  of  250  feet,  until  we 
descend  again  into  the  valley,  and  continue  there  until  we 
reached  the  Tuckasegee  Kiver,  down  which  valley  we  followed 
to  a  point  where,  to  save  distance  and  avoid  great  curvation, 
we  cross  the  Tuckasegee  River  by  a  viaduct  of  four  (4)  spans 
of  sixty  (60)  feet,  and  immediately  enter  a  tunnel  of  800  feet 
in  length  through  a  spur  of  the  Cowee  Mountains,  from  which 
we  emerge  to  find  ourselves  again  on  the  South  side  of  the 
same  vallev  of  Tuckasegee  Eiver,  down  which  side  we  continue 


bo  WESTERN    NORTH-CAROLINA   RAILROAD. 

to  run  fifteen  miles  with  a  remarkably  cheap  line  for  a  moun- 
tain country.  By  continuing  the  line  on  the  South  side  of  the 
Tuckasegee  we  avoid  two  (2)  crossings  of  that  river,  besides 
one  (1)  of  Oconalufftee  and  Deep  Creek,  amounting  to  nearly 
1,000  feet  of  bridging.  When  at  a  point  opposite  the  "  Big 
Bear  Farm"  we  leave  the  Tuckasegee  and  cross  to  the  valley  of 
Alarka  Creek,  near  Mr.  Dehart's,  and  instead  of  pursuing  our 
course  down  that  crooked  stream,  crossing  and  re-crossing  with 
expensive  crossings  until  we  reach  the  Tennessee  Eiver,  and 
then  running  up  that  valley  (if  it  can  be  so-called)  crossing  the 
river  three  (3)  different  times  on  the  line  of  the  Blue  Kidge 
Railroad,  as  formerly  contemplated,  to  the  mouth  of  Nanti- 
halah,  we  now  incline  our  line  to  the  left  near  Dehart's  Mill  on 
the  Alarka,  and  with  a  very  good  and  direct  line  we  cross  the 
ridge  running  down  between  Alarka  and  the  Tennessee,  and 
then  keeping  upon  the  slopes  of  the  hills  bordering  on  the 
Tennessee,  we  descend  to  that  river  near  the  mouth  of  Nanti- 
halah,  where  we  cross  the  line  of  the  Blue  Ridge  Railroad  and 
the  Tennessee  River  to  the  Nantihalah  Valley,  thereby  saving 
ten  and  one-half  (10|-)  miles  distance  and  2,400  feet  of  bridges 
and  viaducts  ;  this  brings  us  to  the  end  of  the  first  section  of 
the  Western  Division,  as  formerly  located. 

Having  reached  the  Tennessee  River,  we  find  the  distance 
from  the  French  Broad  to  the  Tennessee  River,  at  the  mouth  of 
the  Nantihalah  to  be  only  a  few  hundred  feet  shorter  than  the 
location  of  1860,  but  owing  to  the  fact  that  whilst  we  gain 
over  2|-  miles  between  the  Tuckasegee  and  Tennessee  Rivers 
with  an  improved  line,  we  lose  nearly  that  distance  between 
the  Balsam  Tunnel  and  the  Tuckasegee  River  in  descending 
the  Scott's  Creek  slopes  and  valley,  having  about  the  same 
amount  of  tunneling,  but  far  less  bridging,  and  a  better  align- 
ment, with  a  less  amount  of  excavation — this  line  having  only 

2,972,650  cubic  yards, 
Whilst  by  the  location  of  1860  there  are        .        .3,524,981     "        " 


Making  a  difference  in  favor  of  the  present  location  of   552, 325  cubic  yards, 

with  this  additional  fact,  that  the  present  line  reaches  a  point 
two  (2)  miles  in  advance  of  the  former  line,  leaving  out  of  view 


WESTERN   NORTH-CAROLINA   RAILROAD.  89 

a  large  amount  of  rock  excavation  on  that  part  of  the  old  line 
which  ascended  the  Tennessee  Eiver,  on  the  line  of  the  Blue 
Bidge  Railroad,  which  should  be  added  to  that  location.  The 
locating  party,  however,  are  still  in  the  field  continuing  the 
location,  and  are  now  on  the  Nantihalah  Eiver,  about  fifteen 
miles  from  its  mouth,  having  ninety  miles  located  west  of  the 
French  Broad  Pi.iver,  leaving  about  forty-five  miles  yet  to  be 
located  before  reaching  the  Tennessee  line  at  Ducktown,  or  a 
less  distance  to  the  Georgia  line,  in  the  direction  of  Dalton. 

By  a  resolution  of  your  Board,  passed  15th  day  of  October, 
1868,  the  President  and  Chief  Engineer  were  authorized  to  let 
the  Western  Division  of  the  Western  North-Carolina  Railroad 
to  contract,  and  on  the  19th  day  of  October,  1868,  after  the 
necessary  amount  of  individual  stock  had  been  subscribed 
according  to  the  terms  of  the  Charter,  contracts  for  the  build- 
ing and  completion  of  the  entire  Western  Division  of  the  West- 
ern North-Carolina  Railroad  were  entered  into  with  responsible 
parties  by  the  President  and  Chief  Engineer,  the  latter,  how- 
ever, reserving  the  right  to  re-let  or  cancel  these  contracts  or 
any  part  thereof  at  any  time.  After  100  miles  and  upwards 
of  the  line,  including  the  French  Broad  Branch,  had  been  re- 
located, and  the  estimates  of  the  same  prepared,  proposals  for 
the  Grading  and  Masonry  of  the  said  100  miles  were  invited 
by  public  advertisement  for  one  month  previous  to  the  10th  of 
June  last.  These  propositions  are  now  on  file  in  this  office,  and 
are  generally  at  very  high  figures,  but  enough  are  found  for  all 
the  work  at  moderate  prices.  Owing  to  the  absence  of  the 
President,  I  was  left  to  make  awards  of  the  work  to  such  per- 
sons as  were  deemed  responsible,  and  in  such  quantities  as  I 
believed  most  advisable,  at  reasonable  figures.  This  has  been 
done,  subject  however  to  the  ratification  of  the  President  and 
Directors,  and  contractors  are  now  busily  engaged  in  the  prose- 
cution of  the  work. 

As  there  were  many  contractors  asking  work,  there  was  not 
enough  to  satisfy  all,  but  those  who  did  not  get  work  were  the 
highest  bidders.  Among  the  contractors  are  many  men  of 
integrity  and  responsibility,  who  I  beheve  will  truly  and  faith- 


90  WESTERN   NORTH-CAROLINA   RAILROAD. 

fully  execute  all  contracts  they  may  agree  to  do,  and  I  con- 
gratulate the  Company  in  having  such  men.  There  are  some, 
however,  to  whom  work  has  been  awarded,  who  may  fail 
because  of  their  inability  to  complete  the  work.  It  has  been 
our  policy  to  put  under  contract  all  the  work,  but  to  prosecute 
only  the  heaviest  vigorously. 

Some  parts  of  the  French  Broad  E.oad  has  been  delayed  on 
account  of  the  fact  that  the  Railroad  line  occupied  the  site  of 
the  Turnpike  road,  and  until  the  matter  was  adjusted  between 
the  Companies  I  did  not  deem  it  prudent  to  begin  work,  besides, 
it  will  be  necessary  in  order  to  subserve  the  public  convenience 
that  another  road  shall  be  opened  between  the  Warm  Springs 
and  the  mouth  of  Ivy,  two  (2)  miles  above  Marshall.  I  have 
directed  Mr.  Blake,  Principal  Assistant  Engineer  for  that 
Division,  to  make  a  reconnoissance  of  the  ground  and  report  the 
result. 

In  conclusion,  I  will  add  that  in  addition  to  the  Engineer 
corps  on  location,  I  have  two  (2)  Construction  corps — one  for 
each  Division — composed  of  gentlemen  skilled  in  their  pro- 
fession by  education  and  practical  experience,  to  whom  I  am 
indebted  for  much  valuable  assistance. 

I  have  the  honor  to  be,  very  respectfully. 
Your  obedient  servant, 

JAMES  C.  TURNER, 
Chief  Engineer  W.  Div.  W.  N.  C.  E.  B. 


WESTEEN   NORTH-CAROLINA    RAILROAD. 


91 


TABLE 

Shoioing  the  Number,  Name,  Length  and  Elevation  above  tide,  of  all  the 
Tunnels  on  the  Western  Line. 


"3 

n 
o 

51 

O 

o 
XJl 

CM 

o 
d 
1^ 

Name  of  Tunnel. 

2as  o 

Feet. 

Feet. 

Feet. 

1 

35 

Balsam, 

1,600 

3,256 

153 

2 

37 

Judacullali, 

500 

3,084 

106 

3 

39 

Heel  Spring,  . 

500 

2,873 

170 

4 

43 

Still  House, 

275 

2,483 

106 

5 

45 

Scott's  Creek, 

250 

2,331 

110 

6 

51 

Cowee,        .     . 

800 

1,985 

286 

3,925 

j 

STATEMENT    OP   ALIGNMENT 

From  French  Broad  River  at  the  mouth  of  Swannanoa  River  to  Tennessee 
River,  mouth  of  Nantihalah  Rivei', 


Length  of 
Curve. 

Length  of 
Straight  Line. 

Percentage  of 

Total  Length. 

Feet. 

Miles. 

Feet. 

Miles. 

Curve. 

Str't  Line 

Feet. 

Miles. 

194,906 

36.91 

199,034 

37.69 

49.5 

50.5 

393,940 

74.60 

92 


WESTERN  NORTH-CAEOLINA   RAILROAD. 


TABLE 

Of  Meclianical  Structures  from  mouth  of  Swannanoa  to  Paint  Rock. 


No. 

Character 

i 

No.  of  Spans 

Name  of  Stream. 

of 

w 

and 

Structure. 

Feet. 
13 

Length  in  Feet. 

Miles. 

1 

1 

Town  Creek, 

Bridge, 

1   of  25 

2 

3.5 

Woodfin's  Mill  Creek, 

20 

1  of  25 

3 

4.25 

French  Broad  River, 

20 

4  of  125 

4 

5.05 

Fuy's  Brancli, 

14 

1  of  20 

5 

8.40 

Lee's  Mill  Creek, 

13.5 

1  of  25 

6 

9.20 

New  Found  Creek, 

16 

1  of  50 

7 

14.4 

Davis  Branch, 

12 

1  of  20 

8 

14.8 

Branch, 

14 

1  of  20 

9 

17.3 

Sandj'  Mush  Creek, 

25 

1  of  100 

10 

18.4 

Haw  Branch, 

18 

1  of  15 

11 

21.0 

French  Broad  Biver, 

20 

3  of  150  &1  of  200 

12 

22.4 

Hays'  BuH, 

12 

1  of  40 

13 

28!  0 

Walnut  Creek, 

16 

1  of  50 

14 

31.2 

Brush  Creek, 

16 

1  of  40 

15 

34.5 

Lone  Branch, 

12 

1  of  25 

16 

35.4 

Laurel  Creek, 

19 

2  of  125 

17 

38.0 

French  Broad  Biver, 

24 

3  of  160  &1  of  200 

18 

38.6 

Bumburgh's  Mill  Race, 

11.5 

1  of  15 

19 

38.7 

Spring  Creek, 

21.5 

1  of  100 

20 

42.3 

Shut  in  Creek, 

15 

1  of  50 

21 

43.8 

Grrassy  Creek, 

16 

1  of  50 

WESTERN   NORTH-CAROLINA    RAILROAD.  93 

TABLE 

Of  Bridges  and  Viaducts  on  Main  Line  from  the  French  Broad  River  to 
the  Tennessee  River. 


Distance 

Height 

Character 

No.  and 

No. 

from 

Name  of  Stream. 

in 

of 

Lcngih  of 

French  Broad_ 

Feet. 

Structure. 

Spans. 

1 

2.12 

Hominy  Creek, 

41 

Howe  Truss, 

1  of  125 

2 

2. 76 

u              cc 

12 

u              u       ' 

1  of  100 

3 

3.20 

Ragsdale  Creek, 

13 

Girder, 

1  of    30 

4 

3.48 

u              u 

10 

" 

1  of    50 

5 

3.71 

u              u 

7 

(1 

1  of    50 

6 

4.22 

U                    K 

9 

u 

1  of    30 

7 

6.57 

Hominj'-,     " 

22 

Howe  Truss, 

]   of  100 

8 

6.68 

11                 u 

25 

Girder, 

1  of    50 

9 

7.05 

c(              u 

22 

Howe  Truss, 

1  of  100 

10 

7.68 

C(                  (( 

19 

U                    11 

1  of    80 

11 

8.58 

u             u 

22 

Girder, 

1  of    50 

12 

8.75 

U                  (( 

19 

(( 

1  of    50 

13 

9.37 

((                u 

14 

u 

1  of    50 

14 

10.42 

IC               cc 

10 

IC 

1  of    50 

15 

11.28 

u             u 

10 

(( 

1  of    50 

16 

11.40 

U                  C( 

12 

u 

1  of    50 

17 

12.00 

u             u 

14 

ii 

1  of    50 

18 

12.31 

U                  (C 

16 

li 

1  of    50 

19 

12.59 

u             u 

12 

Howe  Truss, 

1  of  150 

20 

12.72 

It            (( 

17 

Girder, 

1  of    50 

21 

15.34 

Mill  Creek, 

89 

Howe  Truss, 

2  of  160 

22 

16.25 

Pigeon  River, 

20 

U                   CI 

2  of  125 

23 

20.72 

12 

Girder, 

1  of    10 

24 

21.15 

8 

u        ' 

1  of    10 

25 

24.84 

Coon  Creek, 

30 

(( 

1  of    50 

26 

25.20 

Richland  Creek, 

18 

(( 

1  of    50 

27 

25.36 

u             u 

12 

f  ( 

1  of    50 

28 

25.79 

6 

C( 

1  of    10 

29 

27.74 

Richland  Creek, 

10 

u 

1  of    30 

30 

28.73 

S.  Branch  Richland  C'k 

4 

u 

1  of    30 

31 

38.35 

Scott's  Creek, 

35 

Viaduct, 

3  of    40 

32 

40.24 

U                  4C 

6 

Girder, 

1  of    50 

33 

40.32 

11                  (( 

7 

u         ' 

2  of    50 

34 

40.47 

U                  (( 

9 

( i. 

1  of    50 

35 

40.60 

(1                u 

6 

1( 

1  of    50 

36 

40.79 

U                    {,(, 

15 

Howe  Truss, 

1  of  100 

37 

40.96 

u            u 

38 

Viaduct, 

1  of    60 

38 

41.13 

u             u 

40 

Howe  Truss, 

1  of  160 

39 

43.80 

U                  (I 

10 

Girder, 

2  of    50 

40 

44.64 

Allen's  Mill  Creek, 

10 

u      ' 

1  of    20 

41 

46.59 

Scott's  Creek, 

10 

a 

2  of    50 

42 

48.10 

u              cc  ' 

15 

u 

1  of    50 

43 

49.79 

Tuckasegee  River, 

34 

Viaduct, 

4  of    60 

44 

57.89 

Conolly's  Creek, 

12 

Girder, 

1  of    40 

45 

61.98 

Kirkland's  Creek, 

13 

u         ' 

1  of    40 

46 

69.46 

Alarka 

59 

Viaduct, 

1  of    60 

47 

72.10 

Jones'  Branch, 

110 

Howe  Truss, 

1  of  200 

OP  THE 


tsUtn   partlj-ferolina   gailroatr   gcmpang, 


MEETING  OF  STOCKHOLDEES. 

I.  The  next  Annual  Meeting  of  stockholders  shall  be  held  at  Statesville, 
on  the  last  Thursday  in  August  next,  and  the  second  Annual  Meeting  at 
Newton,  the  third  at  Morganton,  and  the  fourth  at  Salisbury,  and  all  sub- 
sequent meetings  shall  alternate  in  the  same  way  between  the  above  named 
places.  And  the  Directors  now  elected,  shall  remain  in  office  until  the 
next  Annual  Meeting  on  ,the  last  Thursday  in  August,  and  until  others 
shall  be  elected. 

II.  On  failure  of  the  stockholders  to  elect  Directors  at  any  General 
Annual  Meeting,  it  shall  be  the  duty  of  the  President  for  the  time  being, 
forthwith  to  advertise  a  General  Meeting  of  the  stockholders  to  be  held 
within  twenty  days  thereafter,  for  the  purpose ;  and  on  failure  of  the 
President  so  to  advertise,  or  of  the  meeting  so  called  to  elect  Directors,  it 
shall  be  the  duty  of  the  Directors  for  the  time  being,  or  any  one  of  them, 
to  advertise  as  above  directed. 

III.  At  least  sixty  individual  stockholders,  holding  a  majority  of  the 
stock  subscribed  by  individuals  shall  be  present,  either  in  person  or  by 
proxy,  to  constitute  a  meeting  for  the  transaction  of  business. 

IV.  The  President,  or  any  five  Directors,  or  any  number  of  stockhold- 
ers representing  one-third  of  the  individual  stock  in  the  "Western  North- 
Carolina  Railroad  Company,  shall  have  power  to  call  occasional  meetings 
of  the  stockheMers,  at  such  time  and  place  as  he  or  they  may  think 
proper — first  giving  twenty  days'  notice  thereof  in  two  or  more  newspapers 
pi\blished  in  this  State. 

PEESIDENT. 

I.  The  President  shall  be  elected  annually,  by  ballot,  by  the  niajority  of 
the  Board  of  Directors ;  and  shall  receive  as  compensation  for  his  services 
an  annual  salary  of  $2,000,  over  and  above  his  necessary  traveling  expenses 
incurred  by  order  of  the  Board  of  Directors,  in  journeys  out  of  the  State. 

II.  The  President  shall  have  the  general  superintendence  and  control 
of  all  the  other  officers  of  the  Company,  and  shall  prescribe  their  duties 
unless  otherwise  provided  for  by  the  Rules  and  Regulations  of  the  Board 
of  Directors :  he  shall  carefully  examine  into  the  performance  of  their 
duties,  and  from  time  to  time  report  to  the  Directors  all  and  every  matter 
touching  the  interests  of  the  Company  which  shall  come  to  his  knowledge. 

III.  The  President  shall  keep  the  seal  of  the  Company,  and  with  the 
consent  of  a  majority  of  the  Directors  shall  affix  the  same  to  all  conveyances 


"WESTEEN   NOETH-CAEOLINA   EAILEOAD.  95 

and  other  instruments  to  which  the  attestation  of  the  seal  may  be  neces- 
sary, and  sign  the  same  in  behalf  of  the  Corporation. 

SECEETAEY  AND  TKEASUEER. 

I.  The  Offices  of  Secretary  and  Treasurer  shall  be  combined  until  the 
Boai'd  of  Directors  shall  deem  it  necessary  to  separate  them. 

II.  The  Treasurer  and  Secretary  shall  be  appointed  by  the  Board  of 
Directors,  and  shall  give  bond  in  the  sum  of  $50,000,  with  the  security  to 
be  approved  by  the  Board,  and  shall  receive  for  his  services  the  sum  of 
$1,000  per  annum. 

III.  It  shall  be  the  duty  of  the  Treasurer  and  Secretary  to  keep  a  full 
and  fair  journal  of  the  meetings  and  proceedings  of  the  Board  of  Direc- 
tors ;  to  advertise  and  collect  all  assessments  which  may  from  time  to  time 
be  made  upon  the  stockholders  ;  and  in  failure  of  any  stockholder  to  pay 
his  assessments  within  the  time  prescribed,  to  report  the  name  or  names 
of  such  stockholders  to  the  President ;  to  take  charge  of  and  safely  keep 
all  the  money  and  other  valuable  eflPects  of  the  Company,  and  to  disburse 
the  same  under  the  direction  and  upon  the  requisition  of  the  President ; 
and  to  take  proper  vouchers  for  such  disbursement,  and  to  perform  all 
such  other  duties  as  may  be  prescribed  by  the  Board  of  Directors. 

IV.  The  Treasurer  shall  deposit  all  money  belonging  to  the  Company 
in  the  Branch  Bank  of  Cape  Fear,  at  SaHsbury,  and  in  the  Branch  Bank 
of  the  State  of  North  Carolina,  at  Morganton. 

V.  That  a  standing  committee  of  three  persons  be  appointed  at  each 
annual  meeting  of  the  stockholders,  (commencing  with  the  present,)  to 
audit  and  report  upon  all  accounts  of  the  Treasurer,  to  the  stockholders  at 
each  annual  meeting ;  that  said  committee  act  in  the  intervals  of  regular 
meetings,  and  that  they  be  allowed  the  sum  of  ten  cents  per  mile  for  their 
traveling  expenses,  and  the  sum  of  two  dollars  per  diem  for  each  day  in 
which  they  shall  be  engaged  in  said  service. 

VI.  The  Secretary  and  Treasurer  shall  give  twenty  days'  notice,  in  not 
less  than  three  newspapers  published  in  the  State,  of  the  time  and  place 
of  all  annual  meetings  of  the  stockholders. 

DIRECTOES. 

I.  The  Board  of  Directors  shall  meet  once  in  every  three  months.  The 
first  meeting  shall  take  place  at  Salisbury,  and  all  subsequent  meetings  at 
such  places  as  the  Board  may  direct,  and  the  President  shall  be  at  liberty 
to  convene  the  Board  as  much  oftener  as  the  interest  of  the  Company  may 
require,  and  the  Directors  shall  receive  full  compensation  for  their  services 
at  the  rate  of  ten  cents  per  mile  for  every  mile  traveled  to  and  from  the 
place  of  meeting  ;  and  five  members  of  the  Board  of  Directors,  including 
the  President,  shall  constitute  a  quorum  for  the  transaction  of  business. 

II.  The  President  and  Du-ectors  shall  have  power  to  employ  engineers 
and  such  other  officers  and  agents  as  they  may  think  proper,  and  to  fix 
their  compensation  ;  and  shall  make  a  report  of  all  such  appointments  to 
the  regular  annual  meeting  of  the  stockholders. 

III.  The  Directors  shall  have  power  to  establish  a  common  seal,  with 
suitable  devices,  to  ascertain  and  define  the  duties  of  the  officers,  clerks, 
and  servants  of  the  Company,  and  direct  them  in  the  performance  thereof, 
and  to  dismiss  from  the  service  of  the  Company  any  officer,  or  agent, 
clerk,  or  servant,  appointed  by  them,  at  pleasm-e. 

IV.  The  Report  of  the  President  and  Du-ectors,  with  accompanying 
7 


96  WESTERN   NORTH-CAEOLINA   RAILROAD. 

documents  and  Report  of  the  Auditing  Committee,  shall  be  printed  and 
distributed  among  the  stockholders,  as  soon  as  each  annual  meeting  shall 
be  organized. 

CONTRACTS. 

Contracts  shall  be  made  under  such  rules  and  regulations  as  the  Direc- 
tors shall  prescribe,  and  when  signed  by  the  President,  shall  be  binding  on 
the  Company,  either  with  or  without  the  seal  of  the  Corporation. 

COMMITTEE  TO  VERIFY  AND  REPORT  ON  PROXIES 
AND  STOCK  REPRESENTED. 

I.  Each  annual  meeting  shall  appoint  a  committee  to  consist  of  the 
Secretary  and  Treasurer,  and  three  stockholders,  residents  of  the  place 
where  the  next  annual  meeting  is  to  be  held,  whose  duty  it  shall  be  to 
verify  all  proxies  and  report  to  such  meeting  the  number  of  shares  repre- 
sented in  person  or  by  proxy,  as  soon  after  its  assembling  as  practicable. 

II.  It  shall  be  the  duty  of  the  stockholders  to  report  themselves,  and 
dehver  their  proxies  to  the  Committee  as  soon  after  their  reaching  the 
place  of  meeting  as  convenient. 

FORM  OF  PROXY. 

I  (or  we)  hereby  constitute  and  appoint our  Agent  and  Attorney  to 

represent  the  stock  owned  by  me  (or  by  us  severally)  at  the  next  meeting  of  the  stock- 
holders of  the  Western  North-Carolina  Railroad  Company,  and  at  all  adjournments  of 
the  same  as  fully  as  I  (or  we)  could  if  personally  present. 

Witness (A.  B .) 

Which  shall  be  signed  by  the  party  and  attested  by  some  Justice  of 
the  Peace,  Clerk  of  a  Court  aforesaid,  Notary  Public,  or  Director  of  the 
Company.     And  none  but  a  stockholder  shall  be  a  proxy. 

FORM  OF  TRANSFERS  OF  STOCK. 

Know  all  men  by  these  presents,  That  I  (A.  B.)  for  and  in  consideration  of  the  sum  of 
dollars,  to  me  in  hand  paid  by  (C.  D.)  the  receipt  and  payment  of  which  is 


hereby  acknowledged,  have  bargained,  sold,  assigned  and  set  over  to  the  said  (C.  D.) 

shares  of  the  Capital  Stock  in  the  Western  North-Carolina  Railroad  Company, 

■which  was  subscribed  by  me  in  the  books  of  said  company  (or,  which  have  been  pur- 
chased by  me,  as  the  case  may  be)— to  have  and  to  hold  to  him  the  said  (C.  D.)  his 
executors,  administrators  and  assigns  forever;  and  the  said  (C.  D.)  doth  hereby  agree 
to  receive  and  accept  of  the  above  named  stock,  transferred  as  aforesaid- 
In  testimony  whereof,  the  parties  aforesaid  have  hereunto  set  their  hands  and  seals, 

this ,  A.D.,  18—, 

(A..  B.)  Seal. 
(G.  D.)  Seal. 

"Which  said  transfer  sh^ll  be  signed,  either  in  person  or  by  attoi-ney,  by 
both  parties,  in  the  presence  of  a  Director  of  this  Company,  some  one  of 
the  Judges  of  the  Superior  or  Supreme  Court,  a  Clerk  of  the  County 
Court,  a  Clerk  and  Master  in  Equity,  or  a  Notary  Public,  and  attested  by 
the  same ;  and  when  the  attestation  is  made  by  a  Clerk,  or  Clerk  and 
Master,  or  Notary  Public,  it  shall  be  further  authenticated  by  his  seal  of 
office.  And  said  transfer  shall  be  filed  in  the  office  of  the  Secretary  of 
said  Company  at  or  before  the  next  annual  meeting  of  the  stockholders, 
and  it  shall  be  recorded  on  the  journals  of  the  proceedings  of  the  Board 
of  Directors.  No  transfer  of  stock  shall  entitle  a  person  to  vote  on  the 
same,  unless  made  fifteen  days  before  an  annual  meeting. 


1 


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